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2012-12-18Tuesday, December 13, 2012 at 7:00 PM 1. Roll -Call Attendance David Zaremba X Brad Hoaglun XCharlie Rountree X Keith Bird ® X Mayor Tammy de Weerd 2. Pledge of Allegiance and Posting of Colors by Troop #285 with the Arnity and LGGust Greve Ward Rescheduled to January 15, 2012 3. Community Invocation by Michael Pearson with the Seventh Day Adventist Church 4. Adoption of the Agenda Adopted 5. Community Items/Presentations A. Police Department: Swearing in of New Police Officer A. Amend PY2011 CDBG Sub -Recipient Agreement with Meridian Development Corporation B. Amend PY2010 CDBG Sub -Recipient Agreement with the Ada County Housing Authority (ACHA) C. Amend PY2011 CDBG Sub -Recipient Agreement with the Ada County Housing Authority D. Donation of Fire Equipment to Jordan Valley Ambulance E. Approve Minutes of December 14, 2012 City Council Regular Meeting Meridian City Council Meeting Agenda — Tuesday, December 18, 2012 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact, Conclusions of Law for Approval: PP 12-011 Scentsy Commons Subdivision by '-'O ■' • :''• 00 E. Commercial and 2701 E. Pine AvenueRequest: Preliminary Plat Approval Consisting of Seven (7) Building Lots on 60.727 Acres of Land in the I -L, L -O and C -G Zoning Districts G. Findings of Fact, Conclusions of Law for Approval: PP 12-013 Eienville Square East by Alliance Management Consultants Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval for 28 Residential Lots and 5 Common / Other Lots on 7.89 Acres of Land in an R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: MDA 12- 008 Eienville Square East by Alliance Management Consultants Located at West of N. Eagle Road and South of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement (Instrument #1074437) Approved for Eienville Square Subdivision I. Findings of Fact, Conclusions of Law for Approval: AZ 12-008 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Annexation and Zoning of 74.6 Acres of Land from RUT in Ada County to the R-4 (Medium Low -Density Residential) Zone J. Findings of Fact, Conclusions of Law for Approval: PP 12-004 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Preliminary Plat Approval of 168 Residential Lots and 18 Common Lots on 74.6 Acres in a Proposed R-4 Zone K. Resolution No. 12-897: A Resolution Amending the Meridian City Policy and Procedures Manual Regarding Policy 6.8 - Conflict of Interest L. Resolution No. 12-898: A Resolution Amending the Meridian City Policy and Procedures Manual regarding Policy 4.3.1 - Donation of Vacation Leave to Another Employee for FMLA Qualifying Event M. Approval of Contract Amendment to the Existing Agreement for Independent Contractor Services for Landscape Maintenance to Lawnco for the Not -To -Exceed Amount of Meridian City Council Meeting Agenda — Tuesday, December 18, 2012 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. M, ' v f 1 1 This AmendmentFirst Amended#ne Year Extensions for City Wide Landscape Maintenance N. t the Agenda:• • • • _. Resolution Approving Office Lease Amendment for Two year Extension for • • • Amended -.to the Agenda: Office Lease Amendment • Attachment - City of Meridian and Raul Labrador P. Resolution N• • • Accepting the 2013Point Gallery Schedule Mayor'sA. •ffice: Resolution No. • 1: Appointing Ashlyn Morlock as Youth Commissioner to the Meridian Solid Waste Advisory Commission (SWAC) Approved 9. Items Moved From Consent Agenda 9. Action Items A. FP 12-019 Paramount Commercial Southwest No. 2 by Brighton Investments Located Northeast Corner of W. McMillan Road and N. Linder Road Request: Final Plat Consisting of Five (5) Commercial Lots on 3.21 Acres in a C -G Zoning District Approved B. Public Hearing: TEC 12-011 Larkspur South Subdivision by Sawtooth Land Surveying Located East of S. Meridian Road and Approximately a 1/4 Mile North of E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat Approved Hearing:Public `Z 12-012 Tradewinds Subdivisionby LLC Located at Southeast Corner of E. Victory -•.. and S. Locust Grove -..• and Zoning of 10.42 Acres of Land to the R-8 Zoning District Approved with Conditions D. Public Hearing: PP 12-015 Tradewinds Subdivision by SDN, LLC Located Southeast Corner of E. Victory Road and S. Meridian City Council Meeting Agenda — Tuesday, December 18, 2012 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Locust Grove Road Request: Preliminary Plat Consisting of 39 Building Lots and 3 Common / Other Lots on 9.11 Acres ot Land in a Proposed R-8 Zoning District Approved E. Public •: AZ 12-011 Citadel• •- Facility by B' LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Ann- • of Acres • , Land Ada • • the(Community Business District) Zoning District Approve with Conditions PublicF. •12-016 Citadel Self -Storage Facility by BI, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Conditional Use Permit Approval for a Self -Service Storage Facility Consisting of Fourteen (14) Buildings on Approximately Five (5) Acres of Land in a Proposed C -C Zoning District Approved C. Public Hearing: VAR 12®003 Citadel Self -Storage Facility by BI, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Variance for Emergency Access to Chinden Boulevard (SH 20/26) Approved with Comments 10. Continued Department Reports A. Community Development Department: Continued Discussion of County Subdivision Application (Rescue Ranch) Recommended Approval with Comments B. Public Works Department: Meridian Heights Water and Sewer District Update Vacated C. Parks and Recreation Department: Settlers Village Square Phase 2 Tennis Courts Update D. Parks and Recreation Department: 2013 Pathways Development Priorities Discussion 1. Resolution No. 12-901: 2013 Pathways Development Priorities Approved E. Police Department: Budget Amendment for Emergency Replacement of a Police Department Motorcycle for the Not -to - Exceed Amount of $19,000.00 Approved Meridian City Council Meeting Agenda — Tuesday, December 18, 2012 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Community Development/Building Services Departmen Updates n. Code A. Ordinance No. 12-1536 : An Ordinance for the Re -zone of .58 Acres from L -O to R-15 for the Rockcreek Apartments Located at 1023 and 1025 W. Pine Avenue, Meridian,. • fry.• 11 11111111 Fill 1111 .11i Meridian City Council Meeting Agenda — Tuesday, December 18, 2012 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Changes to Agenda: None Item 9A: Paramount Commercial Southwest Subdivision No. 2 (FP -12.019) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 3.21 acres, is currently zoned C -G, and is located at near the northeast corner of Linder Road and McMillan Road. Summary of Request: The applicant request final plat approval of 5 commercial lots on 3.21 acres. The property received preliminary plat approval in 2007. This is the third final plat proposed for the Paramount Commercial Subdivision. The proposed final plat complies with the approved preliminary plat. Written Testimony: Mike Wardle, in agreement with the conditions in the staff report. For the record, the applicant states that a weekly trash patrol program is in place for the Brighton development and will continue to be implemented when construction is proposed for the subject property thus satisfying site specific condition #6 and the requirement for the private street (site specific condition #13) will be addressed with a future phase. Outstanding Issue(s) for City Council: Staff recommends the Council delete site specific condition of approval #13 Notes: Item #913: Larkspur South Subdivision (TEC -12-011) Application(s): ➢ Time Extension Location and Zoning: This site is currently zoned R-8, and is located east of S. Meridian Road and north of E. Victory Road. Summary of Request: This is the second time extension requested by the applicant. The proposed request extends the preliminary plat and the remaining two phases. Currently, the fourth phase is under construction. Since project is adequately conditioned and the remaining phases have been approved by Council, staff is not recommending any new conditions of approval. The applicant must comply with all previous conditions of approval for this site. Written Testimony: None Outstanding Issue(s) for City Council: None Notes: Item 9C, D: Tradewinds Subdivision (AZ -12-012; PP -12-015) Application(s): Annexation & Zoning Preliminary Plat Size of property, existing zoning, and location: This site consists of 10.42 acres, is currently zoned RUT in Ada County, and is located on the SEC of S. Locust Grove Road & E. Victory Road. Summary of Request: The applicant requests annexation & zoning approval of 10.42 acres of land with an R-8 zoning district. The proposed zoning is consistent with the FLUM designation of MDR for this site which anticipates residential densities between 3 and 8 d.u./acre. The proposed density of 3.74 d.u./acre is consistent with the MDR designation. A preliminary plat is also proposed that consists of 39 building lots for single-family detached residential homes & 3 common area lots. The plat is proposed to develop in 2 phases. Access to the site if proposed via S. Locust Grove Road; A stub street is shown at the east boundary for future extension. Open space & site amenities are proposed on the site in accord with UDC standards. 10.3% open space is proposed consisting of open space, parkways, & street buffers along Victory & Locust Grove. A''/2 basketball court is proposed as an amenity. The applicant has also agreed to construct a pathway connection from Fathom Drive to Victory Road across Lot 16, Block 1. Conceptual building elevations for the residential homes were submitted. To ensure the site develops as proposed, staff is recommending a development agreement as a provision of annexation. The DA includes a provision for future development to comply with the preliminary plat, landscape plan, and conceptual building elevations submitted with this application. The Commission recommended a provision be added to the DA for cross -access to be provided to the property to the south owned by the City where the future water tank is proposed to reduce access points via Locust Grove Road, an arterial street, as required by UDC 11-3A-3. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Kevin McCarthy ii. In opposition: None iii. Commenting: None iv. Written testimony: Kristen Thompson, Kevin McCarthy Key Issue(s) of Discussion by Commission: i. The timing for construction of the sidewalks along Locust Grove & Victory Roads; ii. The allowance for asphalt (as a temporary material) instead of concrete sidewalks along Victory & Locust Grove Roads where the intersection improvements are planned. Key Commission Change(s) to Staff Recommendation: i. Staff requested that a condition of approval be added that requires cross -access be provided to the property owned by the City to the south (see Exhibit B, conditions #1.1.1b and 1.2.8). ii. In lieu of a concrete sidewalk along Victory & Locust Grove Roads in the area where the intersection improvements are planned, the Commission agreed that asphalt is an acceptable temporary material (see Exhibit B, condition #1.3,6). iii. At staffs request & the applicant's agreement, add a condition requiring a pathway to be constructed from Fathom Drive to Victory Road across Lot 16, Block 1 (see Exhibit B, condition #129). iv. Require all of the sidewalk along Locust Grove & Victory Roads to be constructed with Phase 1 (condition #1.2,10). Item 9E, F & G: Citadel Self -Storage Facility (AZ -12-011; CUP -12-016) Application(s): Annexation & Zoning Conditional Use Permit Variance Size of property, existing zoning, and location: This site consists of 5 acres, is currently zoned RUT in Ada County, and is located on the southwest corner of Chinden (Hwy 20/26) & N. Saguaro Hills Avenue. Adjacent Land Use & Zoning: North: Hwy 20-26, Castlebury Subdivision, zoned R-1 in Ada County East: Commercial & residential uses, zoned C -C & R-15 South: Hightower Subdivision, zoned R-8 West: Church, zoned RUT in Ada County History: NA Summary of Request: The applicant requests approval to annex & zone 5.47 acres of land with a C -C zoning district, consistent with the Comprehensive Plan FLUM designation of MU -C (Mixed Use - Community) for this site. The applicant proposes to develop the site with a self-service storage facility consisting of 13 storage structures and an office. Staff is of the opinion the proposed use, along with adjacent residential, commercial, and civic uses, combine to form a mix of uses as desired in MU -C designated areas. There are specific use standards listed in UDC 11-4-3-34 that apply to the proposed use and limits the hour of operations of the facility from 6 am to 11 pm and requires a sound attenuation wall adjacent to residential properties. An exhibit provided by the applicant shows the relationship between the residential homes along the southern property boundary and the proposed storage facility. There is an existing 6 -foot tall vinyl fence along the south boundary of the site. The rear walls of the storage units are shown at 8' 9". The applicant contends the existing 6 -foot tall vinyl fence, 10 foot wide landscape buffer and the proposed structures provided adequate sound buffering between the residences and the proposed facility. A majority of the adjacent home owners along the southern boundary have provided letters of support for the proposed facility. The applicant also requests Council approval of a variance to UDC 11-31-1-4 for an emergency access to the site via Chinden/SH 2O-26. The specific use standards for the proposed use require secondary access. Neither cross/access nor a local street is available to provide secondary access to the facility. A recommended provision of the development agreement requires the closure of the existing full access drive and restricts the proposed access to emergency access only. The main entrance of the facility will be provided from N. Saguaro Hills Drive. Building elevations of the proposed storage unit structures and the office building were submitted. Since the Planning Commission hearing the applicant has met with staff to discuss revised building elevations which are part of tonight's presentation, Based on that meeting, staff believes the applicant is in better alignment with the standards contained within the UDC and design guidelines outlined in the Meridian Design Manual. A recommended provision of the development agreement requires compliance with the aforementioned documents. Commission Recommendation: Approval at the November 15th hearing. Summary of Commission Public Hearing: i. In favor: Jon Wardle, Hugh and Odessa Kekler, Ed Caron, Revecca Pescevic, Karen Derazia, Paula Workland and Fred and Linda Sanz ii. In opposition: Paul Swidecki and Vincent Cosentino iii. Commenting: None iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Additional trees along the southern boundary ii. Clarification on the building materials proposed for the development, iii. The applicant work with staff on refining the design of the facility in accord with the adopted design review standards. Key Commission Change(s) to Staff Recommendation: i. The Commission modified condition of approval 1.2.15 so it references the correct code section. Outstanding Issue(s) for City Council: i. Emergency access to Chinden Boulevard, Staff is recommending approval of the variance request. Comments from ITD support the emergency access. ii. Adequate sound attenuation between the proposed facility and residences along the south boundary. Written Testimony since Commission Hearing: Jon Wardle, in agreement with the conditions as stated in the staff report. Additional clarification was provided from the applicant regarding additional trees and the proposed buffer along the southern boundary and the new elevations. Representative from Mountain West Mortgage Company, who own three lots adjacent to the south boundary, have submitted a letter in support of the proposed facility. Notes: Outstanding Issue(s) for City Council: None Written Testimony since Commission Hearing: None Notes: Meridian City Council December 18, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 18, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Chris Aman, Jeff Lavey, Warren Stewart, Bruce Freckleton, Brent Bjornson and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Well, good evening. I will go ahead and get this meeting started. We would like to begin by thanking you for joining us here this evening. For the record it is Tuesday, December 18th. It's 7:00 p.m. We will start with roll call -- roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance. De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Michael Pearson with the Seventh Day Adventist Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson. He is with the Seventh Day Adventist Church here in Meridian. Thank you for joining us. If you will, please, join us in the invocation or take this as an opportunity for a moment of reflection. Thank you. Pearson: Father in Heaven, it is with sober hearts tonight that as one nation we mourn the loss in Newton, Connecticut, tonight. As we call -- have called this City Council together, a note to be very much on the hearts of each one that Meridian be a safe city for families and children and as we peel each level of the union away to get to the core, we recognize that ultimately all business conducted in this chamber has that as its goal. And so we lift up Mayor Tammy and the Councilmen and the staff that work in this building and ask that you will give each one divine wisdom, that each person will be open to your Council and that as citizens of this city each one of us, those especially Meridian City Council December 18, 2012 Page 2 of 47 who contribute tonight, that our perspectives will be where they need to be, that irrespective of each item discussed that in a collaborative effort between heaven and earth that you will save our children and that you will give us the wisdom in our deliberations. We ask this in the name of Jesus Christ, our Lord and Savior, amen. De Weerd: Thank you so much for joining us and for reminding us of the events that -- that are most important in our lives and many of the things that we take for granted and it's certainly great to see two of our newest here to be sworn in, because they are going to be those that keep our community safe. Thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items on the agenda to add and switch around. Under Item 6, the Consent Agenda, 6-K is Resolution No. 12-897. 6-L is Resolution No. 12-898. 6-N we want to amend onto the agenda as Resolution No. 12-902 and it's a resolution, approving the office lease amendment for a two year extension for Congressman Labrador. And 6-0 we also want to amend onto the agenda. It's the district office lease amendment and attachment between the City of Meridian and Congressman Labrador. 6-P is Resolution No. 12-899. Under Department Reports, 7-A is Resolution No. 12- 900. And under ten, Item 10, Continued Department Reports, 10-13, staff is requesting we vacate this item, the Meridian Heights Water and Sewer District update. 10-D-1 is Resolution No.12-901. And 11-A, under Ordinances, it is Ordinance No. 12-1536. So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second, De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Community Items/Presentations A. Police Department: Swearing in of New Police Officer De Weerd: Item 5 is our Community Presentations. I will turn this over to Chief Lavey. Lavey: Thank you, Madam Mayor, Council. It's always a pleasure for me to come before you and introduce new staff for the police department and that's what we intend to do today. If I could have Officer Tiner -- the Meridian Officer Tiner -- I believe there is Meridian City Council December 18, 2012 Page 3 of 47 two in the room -- come forward. And, Mitch, if you would just kind of stand there for a minute. I'd like to take this opportunity just to give you a small introduction with Officer Mitchell Tiner. Officer Tiner came to us from a southern state as a police officer and he's been with us for approximately one month. He decided to move his family up to the Treasure Valley. He already has some family that are working up here and his wife is currently a nurse at St. Luke's and so he works for the Meridian Police Department, she works for St. Luke's downtown. Maybe we can get her out to Meridian someday. And he also has a cousin that works for the Boise Police Department, Officer Tiner for the Boise Police Department as well. What we would like to do is do a swearing in today, have his wife pin on his badge to make it official, and, then, if you have a few words we can have time for that as well. So, Mitch, if you would raise your right hand and repeat after me. (Oath repeated by Officer Tiner.) Lavey: I, Mitchell Tiner, do solemnly swear or affirm, that I will support the Constitution of the United States and the constitution and laws of the state of Idaho, and the laws and ordinances of the City of Meridian. That I will abide by the Law Enforcement Code of Ethics and policies and procedures of the Meridian Police Department. That I will -- that I will obey lawful orders of those appointed over me and that I will -- excuse me -- to the best of my.ability, faithfully discharge all the duties of police officer in and for the City of Meridian, state of Idaho, so help me God. Now, usually they are wearing their vests when they pin the badge on and I noticed today when I was practicing that he's not wearing his, so if he screams we might need some first-aid over here, but -- Madam Mayor, Council, thank you for your time. I see that he's actually brought a lot of family with him and oftentimes that would have really filled the room up. We have one or two people here, but we have got quite a few people here today. But they contributed. De Weerd: Officer Tiner, maybe you want to introduce some of your key family members. Lavey: Go ahead. Tiner: Absolutely. Lavey: It's all yours. Tiner: Thank you. My wife is here, Alissa. My two children, Alena and Carson, they are three and four. My mother-in-law Ruth. My aunt and uncle Vicky and Randy Tiner. My grandmother and grandfather Frieda and Wally Nichol and my cousin Erik Tiner. De Weerd: Well, thank you for joining us. I will say welcome to the City of Meridian and to our family. Certainly family is important in this community, we are very family oriented, but we take each of our employees and we hope they feel like they have become a member of our family. We will take good care of him. We have the -- in my Meridian City Council December 18, 2012 Page 4 of 47 biased opinion the best police force around and certainly in the state of Idaho. Sorry to your brother who is not of Meridian Police Department -- or cousin. But we welcome you to our family to the City of Meridian and we will tell you in advance we appreciate that service that the men and women of Meridian Police Department give our community. We are one of the safest in the state and we intend to stay that way. Tiner: Well, thank you very much. I'm happy to be part of the force and part of the Meridian family. I appreciate it. Thank you. De Weerd: Thank you. Hoaglun: Thank you. Rountree: Welcome. Thank you. Item 6: Consent Agenda A. Amend PY2011 CDBG Sub -Recipient Agreement with Meridian Development Corporation B. Amend PY2010 CDBG Sub -Recipient Agreement with the Ada County Housing Authority (ACHA) C. Amend PY2011 CDBG Sub -Recipient Agreement with the Ada County Housing Authority D. Donation of Fire Equipment to Jordan Valley Ambulance E. Approve Minutes of December 4, 2012 City Council Regular Meeting F. Findings of Fact, Conclusions of Law for Approval: PP 12-012 Scentsy Commons Subdivision by HOT1, LLP Located 3001 E. Commercial and 2701 E. Pine Avenue Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots on 60.727 Acres of Land in the I -L, L -O and C -G Zoning Districts G. Findings of Fact, Conclusions of Law for Approval: PP 12-013 Bienville Square East by Alliance Management Consultants Located West of N. Eagle Road and South of E. Ustick Road Request: Preliminary Plat Approval for 28 Residential Lots and 5 Common / Other Lots on 7.89 Acres of Land in an R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: MDA 12- 008 Bienville Square East by Alliance Management Meridian City Council December 18, 2012 Page 5 of 47 Consultants Located at West of N. Eagle Road and South of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement (Instrument #1074437) Approved for Bienville Square Subdivision Findings of Fact, Conclusions of Law for Approval: AZ 12-008 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Annexation and Zoning of 74.6 Acres of Land from RUT in Ada County to the R-4 (Medium Low -Density Residential) Zone J. Findings of Fact, Conclusions of Law for Approval: PP 12-004 Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Preliminary Plat Approval of 168 Residential Lots and 18 Common Lots on 74.6 Acres in a Proposed R-4 Zone K. Resolution No. 12-897: A Resolution Amending the Meridian City Policy and Procedures Manual Regarding Policy 6.8 - Conflict of Interest L. Resolution No. 12-898: A Resolution Amending the Meridian City Policy and Procedures Manual regarding Policy 4.3.1 - Donation of Vacation Leave to Another Employee for FMLA Qualifying Event M. Approval of Contract Amendment to the Existing Agreement for Independent Contractor Services for Landscape Maintenance to Lawnco for the Not -To -Exceed Amount of $93,063.00. This Amendment is the First of Two Additional One Year Extensions for Wide Landscape Maintenance N. Amended onto the Agenda: Resolution No. 12-902: Resolution Approving Office Lease Amendment for Two year Extension for Raul Labrador O. Amended onto the Agenda: District Office Lease Amendment and Attachment Between the City of Meridian and Raul Labrador P. Resolution No. 12-899: Accepting the 2013 Initial Point Gallery Schedule De Weerd: And to the family members, you do not have to stay. Item No. 5 -- or under -- Item No. 6 is our Consent Agenda. Meridian City Council December 18, 2012 Page 6 of 47 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted earlier, Item 6-K is Resolution No. 12-897. 6-L is Resolution No. 12-898. 6-N is Resolution No. 12-902 that we have amended onto the agenda approving the office lease for the two year extension for Congressman Labrador's office. We also amended on 6-0, which is the district office lease amendment and attachment between the City of Meridian and Congressman Labrador and 6-P is Resolution No. 12- 899. So, with that, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Department Reports A. Mayor's Office: Resolution No. 12-900: Appointing Ashlyn Morlock as Youth Commissioner to the Meridian Solid Waste Advisory Commission (SWAC) De Weerd: Item 7-A is a Resolution, 12-900, appointing Ashlyn Morlock as our youth commissioner on the SWAC committee. We had two young ladies that were -- were very qualified and very passionate about the topics that the Solid Waste Advisory Commission discusses. Ashlyn is a member of the youth council and you do have information in your packets and I would entertain any questions if you have any. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: No questions. I would move the adoption of Resolution No. 12-900 appointing Ashlyn Morlock to the Meridian Solid Waste Advisor Commission. Rountree: Second. De Weerd: I have a motion and a second to approve the resolution in front of you. Meridian City Council December 18, 2012 Page 7 of 47 Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES, Item 8: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Action Items A. FP 12-019 Paramount Commercial Southwest No. 2 by Brighton Investments Located Northeast Corner of W. McMillan Road and N. Linder Road Request: Final Plat Consisting of Five (5) Commercial Lots on 3.21 Acres in a C -G Zoning District De Weerd: So, we will move right into our Action Items. Item 9-A is FP 12-019. 1 will turn this over to Bill for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. First application before you this evening is the Paramount Commercial Southeast Subdivision No. 2. The subject property consists of 3.21 acres. It's currently zoned commercial within the city limits and is located near the northeast corner of Linder Road and McMillan Road. The applicant is requesting final plat approval of five commercial lots. The property received preliminary plat approval in 2007. This is the third and final plat proposed for the Paramount Commercial Subdivision and the proposed final plat before you this evening does comply with the approved preliminary plat as well. Staff has received written testimony from the applicant. They are in agreement with the conditions in the staff report. I would mention that the applicant did provide written testimony to folks to provide that they acknowledge all the conditions, but condition number six, which requires temporary fencing along the construction boundary of the subdivision, they wanted to go on record to state that they actually have a trash collection for the Paramount Subdivision where their contractors go out there and make sure the construction sites are cleaned up on a regular basis and that was approved with that subdivision back in '03 and we continue to monitor that to this date as well and, then, when this preliminary plat came before you in 2007 staff had recommended a condition that they provide a public -- or, excuse me, a private street in the future with a -- with another development phase. Staff had added a condition that with a future plat they would have to submit that private street application, because that has no bearing on this application this evening and we are not requiring a private street with this final plat, staff is just recommending that Council omit -- delete that condition from the staff report. At this time that concludes my presentation. I will stand for any questions you have. Meridian City Council December 18, 2012 Page 8 of 47 De Weerd: Thank you, Bill. Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Wardle: Thank you, Madam Mayor. Mike Wardle, Brighton Corporation, 1260 West Explorer Drive in Boise. De Weerd: Thank you. Wardle: I appreciate staff's comments. There were only two issues that we had and they were really not issues of contention, but just clarification that we provided to staff and the clerk's office and staffs suggestion that Condition 13 be removed at this point is appropriate. That was one that Mr. Turnbull asked me to kind of address in the qualifying statement. It's really not applicable to this phase, but it's something that is probably already addressed, because on that -- on the screen it shows that there is a service drive -- it may not at this point be determined -- or called out as a private street, but it does make the connection from the public street to the north to McMillan Road on the south as that condition requires in a future phase. So, we are in accord with staff's recommendation and do ask for your approval. I would be happy to answer any questions you have. De Weerd: Thank you, Mr. Wardle. Any questions for the applicant? Bird: I have none. Rountree: I have none. Wardle: Thank you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve the final plat for Item 9-A, 12-019, with the removal of the Condition No. 13 and the understanding that the trash implementation program will be in effect. Zaremba: Second. Meridian City Council December 18, 2012 Page 9 of 47 - De Weerd: Okay. I have a motion and a second to approve Item 9-A with comments provided. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: TEC 12011 Larkspur South Subdivision by Sawtooth Land Surveying Located East of S. Meridian Road and Approximately a 1/4 Mile North of E. Victory Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat De Weerd: Item 9-13 is a public hearing on TEC 12-011. 1 will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, and Members of the Council Next item is Larkspur South Subdivision time extension. Council acted on two final plats earlier this year -- earlier in the summer that approved phase number four and number five. The applicant was unable to meet those time constraints for getting signature on those plats, so they are here this evening requesting a time extension. I would let Council know that this fourth phase of -- fourth phase of development is currently under construction and is nearing completion and the plat -- expiration date on the plat was November 26th. The applicant is requesting a two year time extension, because all the appropriate conditions are in place with this previous approval of the final plat. Staff is not recommending any new conditions as part of the preliminary plat time extension. The applicant has been conditioned to comply with all conditions relevant to this project as well. Staff has not received any written testimony on the application and to staff's knowledge there are no outstanding issues before you and this concludes my presentation, I will answer any questions you may have. De Weerd: Thank you. Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Is the applicant here this evening? Good evening. Porter: How are you? De Weerd: Very good. How are you? Meridian City Council December 18, 2012 Page 10 of 47 Porter: Well, thank you. De Weerd: If you will, please, state your name and address for the record. Porter: Gus Porter, 207 West Main Street in Emmett. De Weerd: Thank you. Porter: The reason that we are applying for this time extension -- I just want to let Madam Mayor, Members of the Council know, is due to the right of way vacation issue that we have been dealing with on the east end of Edmonds Court and, basically, ACHD is backlogged right now and that has pushed the -- the date that we can get approval clear out until February when they will actually sign our final plat and they have to come, of course, before the city engineer and so it's, basically, an issue that's outside of myself as the agent or the developer's control and so it's kind of got us in this pickle. De Weerd: I can certainly understand that. Council, do you have any questions for the applicant? Bird: I have none. De Weerd: Okay. Porter: Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Seeing none, Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 12-011. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 18, 2012 Page 11 of 47 Bird: I move we approve TEC 12-011 and to include staff and applicant testimony. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no further comment, Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing: AZ 12-012 Tradewinds Subdivision by SDN, LLC Located at Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Annexation and Zoning of 10.42 Acres of Land to the R-8 Zoning District D. Public Hearing: PP 12-015 Tradewinds Subdivision by SDN, LLC Located Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Preliminary Plat Consisting of 39 Building Lots and 3 Common / Other Lots on 9.11 Acres of Land in a Proposed R-8 Zoning District De Weerd: Item 9-C and D are public hearings on AZ 12-012 and PP 12-015. 1 will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the Tradewinds Subdivision. The site consists of 10.42 acres. It's currently zoned RUT in Ada County and is located on the southeast corner of South Locust Grove and East Victory Road. You can see right now it's primarily vacant ground. Surrounding this site are some city subdivisions and, then, on -- to the south of this will be possibly future home of a city well site. The applicant is requesting to annex and zone 10.42 acres of land with the R-8 zoning designation. The comp plan designates the property as medium density residential and anticipates densities between three and eight units to the acre. The proposed plat before you this evening has a density of 3.72, which is consistent with that designation. The proposed preliminary plat consists of 38 residential lots and three common lots, all to develop in two phases. Access to the site will be provided from Locust Grove here and, then, a stub street for future connectivity is provided along the east boundary. There is no direct lot access to Victory Road or Locust Grove. Open space for the site includes street buffers along Victory Road and Locust Grove, which is a 25 foot requirement for the UDC. The applicant has a passive open space lot here. The applicant has also agreed to construct a pathway from the sidewalk to the common lot to connect to the sidewalk within the development here. The planned amenity is a half basketball court here and, then, this is a more common passive open space lot and, then, additional open space will be tree lined streets and all Meridian City Council December 18, 2012 Page 12 of 47 of that. The plat by itself complies with the ten percent requirement by the UDC. The applicant has submitted conceptual elevations for you this evening. This is what you can expect to see constructed on the site. Because there is an annexation involved staff is recommending a development agreement. The only recommended DA provision is that they comply with the submitted elevations, submit a preliminary plat, and submit a landscape plan before you this evening. Commission did add a recommended condition of approval. Given the timing of this site adjacent to the well lot to the south, staff wanted to make sure that access to the well lot is provided from a local street and not an arterial street and so Commission made a recommendation and added a provision -- a DA provision that requires cross -access -- that they grant the parcel to the south cross -access with that DA. Again, Commission did recommend approval of that. Speaking in favor at the public hearing was Kevin McCarthy. Staff did receive written testimony from Kirsten Thompson and Kevin McCarthy. Key items of discussion was the timing for the construction of the sidewalks along Locust Grove and Victory Road. And, then, also one thing you should be aware of, at some point that intersection will be a roundabout similar to what you see on Amity and Eagle Road. So, there really aren't plans as to what that pedestrian connection would look like in that area, so they did agree to an asphalt sidewalk or temporary sidewalk as an interim basis until they get that intersection designed. So, I wanted to make that -- make you aware of that as well. And, then, other than that there are no other outstanding issues before you and I would be happy to answer any questions you have. De Weerd: Thank you, Bill. Any questions at this point? Mr. Zaremba. Zaremba: Thank you, Bill. The out parcel on the northwest end of this project currently has access to Victory Road I would assume. Are -- are we considering whether or not if that develops differently sometime that it would need to lose that access and access through this subdivision or has that been discussed? Parsons: Madam Mayor, Councilman Zaremba, that parcel is not part of this application, but you can look at the design of the plat you can see that local street access will be provided in the future. So, if and when that gentleman comes in or has to annex into the city he will -- more than likely staff will be recommending, based on UDC requirements, that he close off that access and take access from that local street there. I know he did approach -- Zaremba: Just making sure that that's possible for this little strip here, so -- okay. Thank you. Parsons: Yeah. De Weerd: Any other questions at this point from Council? Rountree: I have none. De Weerd: Is the applicant here this evening? Good evening. If you will, please, state Meridian City Council December 18, 2012 Page 13 of 47 your name and address for the record. McCarthy: Yes. Good evening. My name is Kevin McCarthy with KM Engineering, 9233 West State Street in Boise. I really don't have much to add to what Bill already explained to you. We are pretty much in agreement with all the conditions that he had listed, so I'm here to answer any questions you may have at this point. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Thank you. McCarthy: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item? Bill, do you have a vicinity map? So, I guess they have an elementary school, don't they? Across the street? Where is that? Victory and Locust Grove? Parsons: Madam Mayor, Members of the Council, l think the nearest elementary school may be Sienna, which is in Tuscany. De Weerd: Okay. So, this will most likely be bused. I know we are very cautious about these parcels that don't have connectivity via a sidewalk, if they are expected to walk to school, especially when you don't see the connectivity out there. So, did we get a letter from the school district? Parsons: Madam Mayor, I can look in the file and see. De Weerd: I think it's probably more than a mile, so I would imagine they would be bused. Does the applicant know? Okay. Parsons: Madam Mayor, one other item that I can shine some light on as well for you and the Council is -- the applicant is required to install those temporary sidewalks with phase one. I don't know what their timing is for those, but at least along Locust Grove and Fairview you will -- you will get that. I think there is another elementary school -- believe we held a neighborhood meeting over there off of Ustick -- or not -- sorry, not Ustick, but Amity -- Locust Grove and Amity, that middle school there. I don't know how far a distance that is from here. Bird: Mary McPhearson. Rountree: Mary McPhearson. De Weerd: That is going to be a middle school. Yeah. Okay. Council, any other Meridian City Council December 18, 2012 Page 14 of 47 questions or information needed from staff or the applicant? Rountree: Madam Mayor, I have a question for Bill. De Weerd: Mr. Rountree. Rountree: Bill, would a DA provision that would make it clear that there will be public access to the out parcel from the street that's being provided by this subdivision at a future date, so the future residents are at least informed through some mechanism, whether it's in the CC&Rs or whatever that that's a potential, so we don't have the kinds of conflicts that we have five, six, seven years from now and they don't want anything there. Parsons: Councilman Rountree, my understanding is -- and I apologize, I wasn't at that hearing, I am filling in for Sonya Watters, but my guess is when this gets platted the local street will provide that access. So, a cross -access may not be viable. I think staff's intention was -- if the water tank gets developed before the subdivision does, that we want permission from the developer to have -- we have permission to go across the property and not have another access point to Victory Road. De Weerd: Are you talking into your -- your microphone? Okay. Thank you. Parsons: Sorry. Rountree: Madam Mayor -- back to Bill. My question is about the out parcel. Parsons: Oh. Rountree: On the cross street. Just so it's clear that that public access will be provided off that street to that parcel in the future as it develops. Parsons: At this time we do not have a condition as such, so you may want to add that in there if you want to provide it to that gentleman. Rountree: Thank you. De Weerd: Bill, on that out parcel, again, I -- we have had so many sidewalk issues that -- and connectivity, is there any provision for an easement to make sure the sidewalk happens? Parsons: Madam Mayor, Members of the Council, at this time there are no site improvements proposed along the front of that property. De Weerd: I guess, then, my question is for the applicant or representative, whoever can advance that question. Would you be able to -- as a part of this get agreement by the owner of out parcel the opportunity to put a sidewalk should someone develop to the Meridian City Council December 18, 2012 Page 15 of 47 east of it? McCarthy: So, I guess I'm trying to understand exactly what you're wanting us to do here. So, that out parcel -- are you talking about the frontage along Victory, you're wanting to see something along the front of the property there; is that correct? De Weerd: Yes. McCarthy: Okay. Obviously, we can't guarantee that being that it's not our -- under our control. We can certainly talk to the gentleman about that. De Weerd: So, this is not being split off by this -- that house is not owned -- McCarthy: It's its own separate parcel. De Weerd: It's separate. McCarthy: So, it's not really something we can control. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: While Kevin is up, is that an issu the south eventually if that parcel becomes what Councilman Rountree was referring tc that. of providing an access from that street to something else -- develops? I think that's and I just wanted to get your thoughts on McCarthy: Yeah. Potentially, because that is a common lot there, so to Councilman Rountree's point, it would be best if there is some language in the CC&Rs that would indicate that that's an allowable use. It would -- I mean that parcel we are talking about is under an acre in size, so, you know, the chance of putting some kind of a public road in there, I don't know if that -- you know, who knows what will happen, but I mean if you put a public road in there it's going to chew up a lot of the ground, it would have to be some kind of a private lane. But something that could be handled through the CC&Rs to allow that across that common lot, but we do have a common lot going across there. If that makes sense. De Weerd: Anything further for the applicant? Okay. Thank you. McCarthy: You're welcome. De Weerd: Council, any further information needed on this application? Zaremba: Did we ask for public testimony? Meridian City Council December 18, 2012 Page 16 of 47 De Weerd: Yes, Zaremba: I missed that. Okay. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close -- hearing to further -- no one approaching to make further comment, I move we close the public hearings on Item 9-A -- I'm sorry -- 9-C and D. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearings on Items 9-C and D. All those in favor say aye. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Motion carried. Yes, Mr. Zaremba. Zaremba: I move that we approve AZ 12-012, to include all staff and. applicant comments and to include a condition in the DA that access -- public access to the out parcel on the northwest end of this subdivision be made available at some time in the future when that parcel redevelops. End of motion. De Weerd: Is that the northeast? Zaremba: The out parcel that fronts Victory Road now -- has access to Victory Road now and my assumption -- and I think what Councilman Rountree was also talking about, at some point when that develops they will -- the theory is they would lose the access to Victory and they would need access to this road and that should be a public -- public access. De Weerd: Thank you. Zaremba: And since that would need to cross a current common lot of this subdivision, I am suggesting that we make that a condition. Hoaglun: Madam Mayor, I don't think the motion is to change, but the second still -- second still agrees, so -- De Weerd: No. That was just clarity. Hoaglun: Oh, yeah. Clarity. That's right. We just closed the public hearing. Never mind. Meridian City Council December 18, 2012 Page 17 of 47 Zaremba: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Not to add more confusion to the confusion, but I did say public, but my intent is to be able to provide private driveway access across that common lot at such time as that parcel develops. It may be developed into four lots. Zaremba: The maker of the motion would withdraw the word public and just say it could be accessed either way. De Weerd: Okay. Hoaglun: And second agrees. I envision that being private lots eventually as well, so maybe driveways. De Weerd: Okay. Any further discussion on that motion? Okay. Madam Clerk, will you, please, call roll on Item 9-C. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 9-D. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve PP 12-015 with all staff and applicant comments. Hoaglun: Second. De Weerd: Motion and second to approve Item 9-D. Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. 11FJ Lei I Lei► K"W11 SMA 004 1:4 -OWTINIM"Wim Meridian City Council December 18, 2012 Page 18 of 47 r E. Public Hearing: AZ 12-011 Citadel Self -Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Annexation of 5.46 Acres of Land from RUT in Ada County to the C -C (Community Business District) Zoning District F. Public Hearing: CUP 12-016 Citadel Self -Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Conditional Use Permit Approval for a Self -Service Storage Facility Consisting of Fourteen (14) Buildings on Approximately Five (5) Acres of Land in a Proposed C -C Zoning District G. Public Hearing: VAR 12-003 Citadel Self -Storage Facility by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Variance for Emergency Access to Chinden Boulevard (SH 20126) De Weerd: Item 8-E, F and G are public hearings on AZ 12-011, CUP 12-016, and VAR 12-003. 1 will open these three public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is Citadel self -storage facility. The property consists of five acres. It's currently zoned RUT in Ada County and is located on the southwest corner of Chinden Boulevard, Highway 20-26, and North Saguaro Hills Avenue. There is no related -- if you recall this property was recently the Latham Nursery and developed as a commercial business there and had access to Chinden Boulevard. The applicant is here this evening to annex and zone 5.47 acres to the C -C zoning district, consistent with the mixed use community designation for the site. The applicant proposes to develop a self -storage facility consisting of 13 storage units and an office building. If you look at what's happening in the area you do have a church, you have some commercial to the east here, a mix of residential in the area. Therefore, staff is of the opinion that you do have a mix of uses occurring in the area and this is one of those uses that could blend in with the -- with the surrounding vicinity. Because this is a self -storage facility there are specific use standards that coincide with that use. To mention a few, the -- because they are adjacent to a residential district to the south, they are restricted to -- the hours of operation are restricted from 6:00 a.m. to 11:00 p.m. and it also requires a sound attenuation wall adjacent to those residential properties. I would mention to you that the applicant did provide an exhibit at P&Z and for the staff report to show you how that proposed facility would butt up against that residential district. So, what the applicant is proposing here along the southern boundary with that subdivision there is an existing six foot vinyl fence, the applicant is proposing a ten foot landscape buffer and, then, the back of the storage units, which are approximately eight feet nine inches tall. Along Chinden Boulevard and Saguaro Hills Avenue here they will have to provide a 35 foot landscape buffer along the entryway corridor of Chinden and 20 foot here along the collector street. Main entry into this development will be from the collector street, which Meridian City Council December 18, 2012 Page 19 of 47 is already stubbed to this property here. The specific use standards in the UDC requires that self-service storage facilities provide a secondary means of access to the development. Therefore, the applicant is requesting from Council a variance to Chinden Boulevard for emergency access only. I'd also mention to Council that during -- before we went to the P&Z hearing we had the applicant -- staff had some concerns with that separation between the proposed facility and the residential structures along the south boundary. The applicant did go out and go door to door and reach out to those adjacent residents. The majority of them did sign written testimony that they were in agreement with the proposed use and that landscape buffer as you see this evening. The applicant also offered up at the public hearing to provide one tree along that boundary for every 25 linear feet as well. Since the P&Z hearing the applicant has provided new renderings for the development -- or for the proposed development. You can see there is a mix of metal siding and, then, some stone pilasters -- actually, CMU block pilasters. So, here is the Chinden Boulevard view here. This is the entry off of Saguaro Hills. The office building itself will be constructed of stucco and metal siding or stucco with metal roofing, which is pretty typical. The applicant did receive alternative compliance to reduce their required parking on the site and, then, of course, in the lower left-hand corner you can see what the view from the adjacent residents -- what they will see from the back of this facility. Staff is unsure what that proposed building material is, but in meeting with the applicant we are pretty confident that they are getting closer to meeting the design standards in our code and also the Meridian -- the Meridian design manual as well. Staff is -- because there is an annexation we are recommending that a DA be part of the annexation request. Here is what we are proposing, that future development of this site be consistent with the design standards in the UDC and the design manual. I'd also mention that because it is adjacent to the ITD corridor. ITD is requesting additional right of way. The plan before you this evening does reflect those changes. And, then, finally, the variance request staff has recommended approval on the variance. ITD has offered their support on the variance as well and, basically, as I mentioned to you, Latham operated with a full access. We are going to go ahead and have that in the DA, recommend that they close that full access off, realign for an emergency access only, subject to, of course, ITD approval and City Council approval of the variance this evening. During the Commission hearing they voted -- they recommended approval to you. Speaking in favor were multiple folks. Again, a lot of those were the adjacent residences along the southern boundary and supported the proposed use and the reduced buffer as well. There were several folks that provided written testimony in opposition. They didn't feel that the proposed facility fit in with the mix of uses in the neighborhood and they are asking you to deny that as well. Key items of discussion at the hearing were, again, additional buffer and trees along that buffer. Planning and Zoning Commission wanted clarification on the proposed building materials. I think when we were there staff did have some reservations on the proposed metal siding that were adjacent to the residential homes. Again, the applicant has met with staff and addressed some of those concerns. And, then, also Commission wanted to make sure that the applicant would work on it -- continue to work with staff and nail down some of those design elements as well moving forward. Commission did modify condition of approval at the hearing. Staff had referenced the wrong code section in one of the conditions. That has been corrected. And, so, really, I -- I have highlighted Meridian City Council December 18, 2012 Page 20 of 47 i on your hearing outline this evening some outstanding issues, which, basically, it's just more for reference for your action this evening. One would be the emergency access point to Chinden Boulevard as the applicant is proposing. That will be dated, so there won't -- so, there won't -- it won't be free entry in and out of that, it's meant only for fire department of emergency services and, then, also staff is asking Council, based on the testimony I have provided to you this evening of whether or not you feel that the six foot vinyl fence, ten foot buffering, and the proposed structures provide enough attenuation against those residential uses to the south. Written testimony since the Planning and Zoning Commission hearing -- we did receive written testimony from the applicant in agreement with the conditions. He did want to go on record that some of those issues have been resolved with staff as far as the siding and the materials and those are reflected in the elevations that I presented to you. And, then, also the applicant was able to go out and get written testimony from three more -- actually, it's one property owner, but they control three of the lots adjacent to the southern boundary and they also provided support of the project as well. So, other than the variance request and the sound attenuation question posed before you, there are no other outstanding issues and I will stand for any questions. De Weerd: Thank you, Bill. Council, any questions for staff at this time? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a question on should the variance for emergency access to be to Chinden be approved, you talk about that it would be gated and I'm -- I'm sure for the security of the facility they would want that to be a gate, but we aren't talking about a chain link fence kind of a gate, are we? Would it be more decorative and blend with whatever -- the rest of the wall on either side of it? Parsons: Madam Mayor, Members of the Council, those details aren't reflected here yet, but chain link with slats will not be working -- will not meet the screening requirements along that entryway, so they will have to come back and nail down what -- what that material will be, but it will have to be some sort of solid material moving forward. Zaremba: Thank you. De Weerd: Any other questions at this point from Council? Is the applicant here? So, we have the father -son tag team. Welcome. J.Wardle: Thank you. For the record, my name is Jon Wardle. My address is 1627 South Orchard Street, Boise, Idaho. I think typically the other Wardle is last on the public hearing, so I guess it's appropriate that a Wardle end this public hearing as well. If I might, just to answer Council Member Zaremba's question about that gate, it will be a solid metal gate similar to the other materials found on -- on -- on the design of the Meridian City Council December 18, 2012 Page 21 of 47 building, which we will continue to work with staff to make that look appropriate so it matches the flavor and the feel of the entire structure. We -- as noted in my letter, we are in agreement with the conditions before you. If I might just clarify a couple things, Mr. Parsons was not sure what the material was in one of those renderings. One of the concerns that came out of -- out of the hearing, as well as staff, was the long wall along the south boundary. They wanted some -- some change in materials, as well as modulation, so what's reflected there along the wall -- and I think it's -- if you saw Exhibit C where the -- the cursor is right there. Actually, the one just below. That is a hardy material and that will bump out a little bit, so that it provides some modulation and, then, the building will push back and you will have the metal as well. So, there will be a mix of materials, so it's not just a solid wall along the south. I think it is noteworthy to tell you tonight that we are directly against Hightower and we have spent a lot of time, not only in our neighborhood meeting, but also meeting with those neighbors directly and there are nine lots that abut our property. There are seven letters in your file from nine of those owners. One owner we met he did not come to the neighbor meeting, but he did not provide a letter of objection either and the other neighbor did come to the neighborhood meeting, but is not voicing any objection. I think that's noteworthy, since we are against a residential neighborhood. There are a lot of things that could happen on this site. It is designated as a mixed use in your comprehensive plan and in a C -C zone if approved there are other type things that could happen there, like retail or perhaps even an apartment project and things like that. This storage will really help that residential neighborhood and I think that's all reflected by the neighbors who have provided letters to you. So, one of the things that we also have offered to do, as noted by Mr. Parsons, was increase the planting of trees on the property line. The requirement is one per 35, which if you look at that it's 14 trees. We are going to go one per 25 or 26, which will put it to 19 trees, but every property owner that looks out, as you can see from that one right there, will see three trees out their back property, so I think this provides a very nice buffer for those neighbors and, again, we have met with all of them and they have provided their letters of support for the project as well. So, I stand for any questions you might have. We do request your approval for this project, for the annexation and zoning, for the conditional use permit, and also for the variance for emergency access only onto Chinden Boulevard. De Weerd: Thank you. Council? Mr. Zaremba. Zaremba: Madam Mayor. I do have a question that may need to be discussed between John and Bill maybe. It's kind of a question for both of you, I guess, and it concerns the ten foot landscape buffer along your south property line. I appreciate the offer to put more trees in there, but I'm trying to think ahead to maintenance. With the back of a building and a six foot fence and trees in between, nobody's going to be able to see the ground level, it doesn't seem to me to make much sense to have grass and people trying to mow around those trees when they will only have two or three feet on either side of a tree to get in there and I'm also concerned about how big the trees are going to get and I appreciate the idea of putting them -- more of them and closer together, but I might suggest that gives the opportunities for maybe some smaller trees that would still hide the appearance of the back of the building from the neighboring residences, but Meridian City Council December 18, 2012 Page 22 of 47 you're not going to want trees that have a 35 foot branch span and I guess the discussion is between our landscape requirements and your offer to be landscaping this area, is there something we can do to make the maintenance easier. It seems to me at least at the ground level it ought to be rock instead of grass or something that doesn't main -- need maintenance and, then, discuss the trees for me a little bit if you would. J.Wardle: Madam Mayor, Council Member Zaremba, in fact in this area for this project we have asked for a xeriscape type of landscaping, so that, you know, that area in particular that we can make sure that there is no weeds and things that like growing in there and the maintenance can be minimal, but that we can have these trees also succeed. When I think it's the intent of the landscaping ordinance -- and Mr. Parsons can maybe chime in here if I -- if I misstate this -- but that at maturity that these trees branches are touching. So, yes, while they are, you know, 25 feet apart, you know, the intent is for them to reach and touch at really 12 and a half feet. You know, they will take a little bit of time to get there, but I think we see these trees at that -- you know, that close together during the spring and summertime in particular, you will get that coverage. Can't control the fall and the winter, but I think for the most part it will -- it will provide the necessary visual that you're asking for. But we do agree that this area in particular and other parts of the property would benefit from a xeriscape type of landscaping. So, that's our intent. That's what we submitted as part of this project. Zaremba: Great. Thank you. And I'm not remembering that provision exactly. Is that acceptable? Well, my question is is it acceptable. Parsons: It's acceptable through alternative compliance. So, if they get through this process they can certainly seek alternative compliance and, then, submit a landscape plan that complies with our xeriscape standards in our ordinance and I think staff is amenable to working with them and reducing that maintenance along that southern boundary. Zaremba: Great. Thanks. De Weerd: Okay. Any further questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A question for Bill. Or Bruce. Either one. Is there another clause in some other portion of the DA that's a reversionary clause? Thinking of some not too distant issues we have had with -- this is what we are going to do here and this is what we are going to annex it as and what we are going to do there now doesn't happen and we have a conflict. Parsons: Madam Mayor -- yeah. Madam Mayor and Councilman Rountree, at this point we do not have that in there. It's basically what I presented to you is just comply Meridian City Council December 18, 2012 Page 23 of 47 with the Meridian design manual and guidelines. The CUP right now will drive the use on the site. So, we are basically -- at this point we don't have that in place. J.Wardle: Madam Mayor, If I might ask just a clarifying question. Council Member Rountree, are you asking about this specific use or if the property is brought in with this zone and Citadel Storage doesn't go forward, then, it would revert. Is that the question? Rountree: That's the question. J.Wardle: I think in this case, Madam Mayor, Council Member Rountree, there is a specific conditional use permit with this application, which is for a mini storage and I think should this project not go forward as a mini storage -- although I'm very confident that it will -- should it not go forward as a mini storage somebody else will have to come through and come to the city for a different type of use and application, because there is a conditional use permit with this project. That's -- that's how I see that. De Weerd: Well, I don't know, I think there is a conditional use permit with this project, but it still would have a certain zoning or designation, so -- Rountree: Bill, maybe you can help me understand this, but it's going to be entitled to the C -C., That doesn't necessarily mean any -- there are a certain group of activities that are just approved in that category. If this were to not go forward then any of those could be done without regard to having a conditional use permit. Nary: Madam Mayor, Members of the Council, Council Member Rountree -- Rountree: And that's gotten us in a pickle a time or two in the past. Nary: Yeah, Exactly. I mean we could do it in one of two ways. We could either create a development agreement condition that excluded other uses other than this or you could put in a development agreement condition that says if this -- the only thing that is approved on this site currently is storage and that any other changes to that would, then, require an amendment to the development agreement. It still is going to be zoned C -C, it would require a new public hearing to do something else, which you may or may not -- a future council may or may not grant. So, that's probably your best protection to assure that there isn't going to be something else that might be at some point in time really incompatible with the surrounding residences. Rountree: I'm comfortable with that, as opposed to not thinking about it. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Bill. What protection do we have -- I know some self -storage when you go there you're not -- any storage stuff, but you can rent a U -Haul from their facility Meridian City Council December 18, 2012 Page 24 of 47 and bring a U -Haul back. This doesn't look like it has a space for that sort of thing, but what ancillary use is allowed for a self -storage area? Is that something that we have to look at or does that require something separate? Parsons: Madam Mayor, Councilman Hoaglun, right now it -- the UDC isn't up to allow mini -- or vehicle rental from -- that's what we would classify it as vehicle rental. I know some self -storage facilities do offer a rental truck to their customers to use so they can move their storage materials into those facilities, but they are not rented as to the public, but certainly they couldn't get -- right now the UDC -- they would have to come back for a separate approval for that vehicle rental and it wouldn't be appropriate for this site. Hoaglun: Thank you, Bill. Yeah. It just wouldn't fit it would look like, but, you know, you never know, a future owner down the road says, hey, we can expand and do this doing something else and -- or add to this, so it would require a separate deal, so -- okay. I'm satisfied with that. De Weerd: Okay. Any further questions for the applicant? Thank you. This is a public hearing. Is there anyone who would like to provide testimony on any of these three items? Council? Rountree: Does the applicant want to have a final say? De Weerd: Do you have any -- any final comments? J.Wardle: Madam Mayor, for the record Jon Wardle. Regarding the additional condition on DA, we are fine with you conditioning that or tying that in with our conditional use permit that it's specific for this, so there is no ambiguity and the city doesn't feel like they are exposed to something else. The owner of this property who does own the property is very committed to this and so we can agree with that as a condition of the development agreement. De Weerd: Thank you. Appreciate that. Okay. Zaremba: Madam Mayor? De Weerd: Staff, anything further? Parsons: No, Madam Mayor. De Weerd: Okay. Mr. Zaremba. Zaremba: Just to offer a comment. I don't have any particular objection to the emergency access to Chinden if it's done tastefully. That will be a noticeable frontage to a lot of people traveling on a very busy transportation corridor. I can see the reason for having it and as long as it's done tastefully I would be in favor of that. One person's opinion. Meridian City Council December 18, 2012 Page 25 of 47 De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: No further comments, I move that we close the public hearing on 9-E, F and G. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on these three items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES, Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-E, AZ 12-011, subject to the staff and applicant comments and the provision as stated by Mr. Nary with respect to conditioning the conditional use permit to this particular project. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion on this item? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-F, CUP 12-016, subject to the development agreement, obviously, and staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve the 9-F item. Any discussion by Meridian City Council December 18, 2012 Page 26 of 47 Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 9-G, VAR 12-003, for the reason that it would be a limited access point on the state arterial, state highway, and that it is for emergency purposes only. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-G with the comments made. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Item 10: Continued Department Reports A. Community Development Department: Continued Discussion of County Subdivision Application (Rescue Ranch) De Weerd: Item 10-A is under Department Reports. I will turn this over to Mr. Chatterton. Chatterton: Madam Mayor, Council Members, actually, our city engineer Warren was going to be addressing this item. Since the issues really are very engineering related, Public Works related at this point. Stewart: Madam Mayor, Members of the Council, last week you asked representatives of the Rescue Ranch Subdivision, as well as city staff to work to see if we couldn't find a resolution to the opposition that Rescue Ranch had to a proposed sewer easement along the northern boundary of their subdivision. You can see in the slide that we have up right now that is the proposed subdivision. The northern boundary is at the top. Was there a question? Sorry. I want to take just a few minutes tonight to kind of lay some background that will be necessary to kind of understand and make perhaps an Meridian City Council December 18, 2012 Page 27 of 47 informed decision on this and, then, give an update on the status of sort of the negotiations that we have had with the applicant. This next slide shows a copy of the city's master plan for this area. The subject property is highlighted there. It's in a lighter color and what this shows is, essentially, the -- a 15 inch sewer line is master planned to, essentially, go along the southern -- or the northern boundary of the property. It actually touches diagonally across the back corner of the parcel. We realize that that may be a little impractical, so what this -- the staff has recommended is that there be an easement along that northern boundary to allow for the installation of that sewer. So, in the future the property to the east and also to the south can have access to the city sewer. This slide shows kind of -- I'm going to back up just a second. This slide shows this area right here where the existing home on this property is located and what it identifies is here on the northern property line you have a drainage ditch that runs east and west along that north property line and the drainage ditch is approximately 20 feet in width and it's my understanding that the county is going to require a 40 foot wide drainage easement along that ditch. The city normally -- and I will switch to this next slide -- well, we would normally require a 30 foot wide easement, 15 feet on the north and 15 feet on the south. But as you can see that would put the easement right here in the middle of the ditch. So, we have asked for a 30 foot easement essentially just to the south of the ditch and this line right here represents the -- essentially the southern extent of the sewer easement that we have sort of originally requested and you can see about 20 feet of it overlaps with the existing sewer. I have had this little drawing drawn up to kind of give a little -- this is the section view that you saw identified on the previous page. This is the property line. Essentially here is the location of the ditch. It's essentially 20 feet wide. The easement that -- the standard easement will be 15 feet on either side. What we are proposing is a 30 foot easement to the south side of the ditch, 20 foot of which would be over the top of the existing drainage easement, but there would also be an additional ten feet of encumbered property as a result of this easement. We had made this proposal last week. There was opposition by the applicant. They were -- in the discussions that ensued this past week we had essentially been told that they were still willing to grant this 15 feet, but they were not in favor of granting the additional 30 feet. They didn't like the other ten feet of encumbrance that would be associated with that. We essentially indicated that, you know, we would need some sort of a workable easement that, essentially, if the 15 feet was granted and the ditch was located in the same spot, that it was -- not of any use for installing new sewer right of way or the new sewer line. So, we kind of had an impasse and recently -- just this afternoon I got -- I received e-mails after I had gotten out of a meeting late this afternoon that indicated that they might be willing to entertain the relocation of this ditch at some date in the future when this sewer line actually got installed. So, the latest proposal I got was, essentially, that they would provide the 15 foot easement and that they would be willing to relocate the ditch at some point -- some date in the future when the sewer was actually ready to be installed. I had -- initially had reservations about this, because I was under the impression that the ditch itself -- we would have to receive permission from a drainage district or an irrigation district to do that and that we would need to obligate them to agree to what was being proposed. I learned in the e-mail this afternoon that there is no irrigation district or it's my understanding that there is no irrigation district associated with this and that the property Meridian City Council December 18, 2012 Page 28 of 47 owner can grant or can approve the relocation of that ditch. What we really need out of this at Public Works Department is a functioning easement that allows us to install the sewer line to provide access to the property owners to the south and east. I'm not an expert and, unfortunately, we didn't have enough time to look at whether or not some sort of an agreement can be crafted that would allow this 15 foot easement to be granted, allow the ditch to be relocated at some point in the future. My concern would be that at some point in the future there will be three property owners along that northern boundary, instead of one. So, although this latest development that took place -- at least late this afternoon might present a possible solution, I suppose I would have to look -- and Bill might shoot me for it, but for Bill to let me know whether or not that's -- that can be crafted. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, I think the drain ditch is under -- I think the Corps of Engineers controls drain ditches and you might have problems moving it and do they own the property where they plan on moving it to? Or is that owned by another owner? Stewart: Madam Mayor, Councilman Bird, my understanding is that they do own all the property, that they would move the ditch to the south. You are potentially correct, relocation, if there were any kind of a wetlands or jurisdictional wetlands on the property or -- located along that ditch it would certainly require the Corps of Engineer approval to relocate that. That's part of my concern. I mean relocating the ditch in the future sounds like a great idea, but I'm very much concerned with all of the things we might run into when that actually needs to occur. Bird: Madam Mayor? Warren, I agree with you. I'm very concerned about making -- granting something on the assumption that that ditch can be moved, because I don't -- have a real problem with thinking that that ditch can be moved. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I mean I think -- I guess all we are doing is making a recommendation to the county on this development, but we do have to recommend that there be a specified, on -the -ground easement of the width of whatever is appropriate, the 30 feet in the current northerly area, an additional ten feet outside the existing easement, with the ability to relocate if the ditch is relocated in the future. So, that way we want to retain the ability to move it, but the county recorder won't allow us to record a floating easement, so they do have to specify specifically where it is for the purposes of recording and with some delineation on the ground where the specific easement is and usually we have -- we have recorded with that the ability to move it based on other circumstances like Warren is talking about where the ditch was Meridian City Council December 18, 2012 Page 29 of 47 relocated or something else and normally for most -- most of the -- and we don't get a lot of these, but that's usually defined, because we are really not trying to be an impediment to development, we just have to be able to serve the property and the other -- the properties. So, we just want to have some location, but we can't -- we can't record anything we can't specifically identify. So, we do have to at least get that. But because it's not a city condition, it really is a county condition, all we can do is recommend that to Ada County and leave it to them. Zaremba: Madam Mayor? Stewart: Thank you, Bill. Madam Mayor, Members of the Council, yeah, I think for the purposes -- essentially for tonight our recommendation -- staff recommendation would be that we would need to require the 30 easement in the location that's shown on this section view, because this easement, unless it was associated with the relocation of the ditch, which is -- we don't know if it can be done or not, this easement here at this location would be useless. There is no way we could install a sewer underneath that ditch or in that ditch. De Weerd: So, Warren, how -- how do you recommend it be stated that in lieu of can you have a -- if this can happen we don't need this, but if it can't happen this is what we will need? It's all in how you word your recommendation to the county to give you that safety net. Stewart: Madam Mayor, I'm not exactly sure how the words will be crafted, but we could certainly do that. But, essentially, request that easement be located here, with the understanding we would be willing to relocate that easement if and when the ditch is relocated. Rountree: That's the recommendation. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba, did you have something? Zaremba: I think that last phrasing would be good. I also would add some sort of caveat that any movement of the ditch is at the owner's expense. We aren't participating in paying for moving the ditch. Stewart: Okay. De Weerd: Okay. Do we need a motion? Nary: Yes. Meridian City Council December 18, 2012 Page 30 of 47 De Weerd: Okay, Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we recommend to the county approval of this subdivision, with the condition that the originally proposed 30 foot sewer easement outside of the ditch area be requested as our primary request and Warren phrased the alternate correctly -- would you say that again? Stewart: If and when the ditch is relocated. Zaremba: We would reconsider moving our easement. And that's part of the motion. Rountree: I'll second that. De Weerd: Okay. And discussion? Rountree: Madam Mayor, just a discussion. Do you want to include the illustration that we have before us tonight with that? Zaremba: Good idea. Rountree: Okay. De Weerd: Okay. Any discussion on the motion? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. call De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Works Department: Meridian Heights Water and Sewer District Update De Weerd: Thank you. Okay. Item 10-B, staff requests that we vacate this item. would entertain a motion to do so. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we vacate Item 10-D. Meridian City Council December 18, 2012 Page 31 of 47 Hoaglun: Second. De Weerd: I have a motion and a second to vacate Item 10-B. Mr. Nary, do we need a roll call? I don't, do I? Nary: Voice vote is fine, Madam Mayor. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Parks and Recreation Department: Settlers Village Square Phase 2 Tennis Courts Update De Weerd: I thought I better verify that before I asked for a vote. Item 10-C is under our Parks and Recreation Department and it looks like Mike is going to address Council. Did you draw the short straw, Mike? Barton: I don't know if it's the short straw, but I drew the straw. Madam Mayor and Council, we are going to give you a brief update on phase two of the tennis court project of Settlers Park. We are working through design development at the moment and working with Meridian Tennis Association and Steve Beckham with USTA and our consultant to develop what we hope is a -- is a good set of plans. There is two parts to this. There is one, an update on what we think we have right and, then, another one we are going to seek your feedback on some spectator seating options and communicate to you what we found out with the Parks Commission. De Weerd: Is that one of your tennis players? Barton: Yeah. He's in there. De Weerd: A fox. Foxy. Barton: As soon as we get the slide up here I will -- we will pull up a site plan and kind of run over some items that we have been working on. Sorry for the delay. I think we are -- I think we are about there. There we go. So, the red square tennis courts. So, this is -- this is an overall site plan that we can go over and just to -- just to orientate ourselves, this -- this tennis court right here is already built. It was completed three years ago I believe and is in service. This is the horseshoe court and picnic shelter. Of course the splash pad is in this area. Ustick Road is down at the bottom of the screen. So, the design elements that we are working on are four additional courts, there would be two here and two here in a similar pod to the existing court. The new standard is to have blended lines on those, so it's compatible for adult and youth players. It's our intention that they -- they have changed the color -- the surfacing on the courts from a red and -- red and green to a blue and green and as part of this project we are going to Meridian City Council December 18, 2012 Page 32 of 47 the new colors and the blended lines. The courts that are in right now need resurfacing, so we are going to resurface those courts, blend the lines, and have one consistent color throughout. The -- the court at the top here is -- is the stadium court, which is sized to appropriately -- it can hold a championship style match. I mean we have heard from Meridian Tennis Association and USTA both that there has been some interest in potentially holding a lower Davis Cup match in the area. Currently the only court that would be available and sized appropriately for that is at BSU. So, this would be the second court in the valley that would be able to accommodate such an event. So, with that stadium court there is bleacher seating to the west right here. There is a berm behind it in this area for additional seating, so you could sit on the grass and watch and, then, this grass area on this side is an area where additional bleachers could just be pulled in on a temporary basis. Feel free to stop me anytime if there is any questions. De Weerd: Well, I'm just impressed that you can use that machine, where we have -- Barton: So am I. De Weerd: -- a lot of people who can't. Hoaglun: Madam Mayor, I do have a question for Mike on that. How high are we talking about on that berm? Barton: Based on the contour lines I believe it's about -- it's going to be about six feet above court level. Hoaglun: Okay. Barton: Gently sloped back towards the splash pad and over the hill. Hoaglun: Okay. Thanks. Barton: The stadium court bleachers in this -- in this area right here there is a -- there is some quick start courts. They are calling them under ten courts now. One of the cool features about this is the -- the under ten courts are sized so you can dual line them for both youth under ten tennis and pickle ball. So, with the addition of those courts we will have a three court setup for pickle ball players and some courts to promote youth tennis. With -- with that the Meridian Tennis Association, once we get a set of construction documents, is applying for a grant to help fund that -- those courts. There is 50,000 dollars in funding available that will go specifically to promote youth tennis and if we get that -- if we get that funding we will use that to build that portion of it. Either way right now they are in the budget, but this -- and this is -- there was some discussion on -- on strings attached to that grant and it's been run through the grant committee. It's not federal grants, so there is no Davis -Bacon wages that would be -- that would apply to the project. There are minimal maintenance recording and reporting guidelines that are attached to that, but it didn't seem like there was anything that was going to be too onerous for us. We are -- we are pretty satisfied that we could move forward without Meridian City Council December 18, 2012 Page 33 of 47 too much trouble. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Mike, will they allow pickle ball, then, on those particular courts? Because that's a whole different game. If they pay for the courts sometimes they say it will only be tennis and so -- Barton: Yeah. And Madam Mayor and Councilman Hoaglun, we asked that question and the dual striping is -- is okay with LISTA. Hoaglun: Okay. Great. Thank you, Mike. Barton: Thank you. So, moving on, there is a shade structure, a 20 by 20 picnic shelter. Some of the, you know, site amenities throughout, of course, liter receptacles, bicycle racks, recycling containers, there is infrastructure planned for -- that would accommodate lighting in the future. There is no lighting planned as part of this project, but at least the conduits will be there if at some point in the future we won't have to tear up concrete to install some lighting. Hoaglun: And, Madam Mayor and Mike, is that for all courts or -- I just see the stadium court, it looks like they might have some drawing for that, maybe it's something else, but -- and is it just the new courts, leaving the two that are already in existence would not ever be lit? Conduits in just new courts only? Barton: That's a good question and the two that are built have -- have conduits for -- for lighting in. The -- all the courts will have those. The way this is graphically drawn, it's actually showing lights on that stadium court, but there are none planned. But all the -- yes, all the courts will have conduits in. Hoaglun: Okay. And, then, a question about the little pavilion. It's a 20 by 20 and we have one by the horseshoe pit and, then, we have the larger one -- is that 20 by 40 or is that 30 by 40? 1 can't remember. It's bigger. Definitely. Bird: 20 by 30? Hoaglun: It's definitely a bigger one. Barton: Yeah. Hoaglun: If, looking down the road, we are going to have tournaments of some sort and different things, should we be looking at a larger picnic shelter in that particular area or do we just -- do we just leave it grass and let them set up tents? Meridian City Council December 18, 2012 Page 34 of 47 Barton: So, in the -- in the spectator options -- and I don't know if you're thinking about shade possibilities -- Hoaglun: They have registration on site. They are in the shade, that sort of thing. You know, it's -- Barton: Right. And that's -- you know, that primary function -- that would not be a shelter that we would likely rent out for parties, it would be primarily a tennis function and that's where your registration would be, your water station, tournament information. Hoaglun: And that's my question. Is 20 by 20 going to be big enough for something like that. Barton: You know, it's a good -- good question. We can look into that, explore that. Hoaglun: Not that I want to break the budget, but are we being -- as we plan this are we being short sighted or do we just say we can afford a 20 by 20, if we need more shade bring -- bring the tent. Bring a tent, so -- Barton: And a 20 by 20 shelter typically accommodates about 30 people, so -- Hoaglun: Something to explore. I mean -- Barton: Sure. Hoaglun: -- the canopy option is they can do -- that's available. Barton: Yes. Hoaglun: It looks like there is grass to the west and flat, so it could be done, but if some of it fits within the budget we might explore, but maybe they don't need that, so -- Barton: And there is a -- a shade option -- another -- one of the -- one of the options that we are looking for direction on is the addition of some shade sails and we will get to that in just a second. And I don't know if that will help with some opportunities for people to gather and get out of the sun and -- but we will -- we will see if that plays into it. One of the -- one of the coolest things about this -- this particular concept plan is the addition of 36 parking stalls. There is a connection to the park parking lot on this end and, then, a connection out to Ustick Road. That connection on Ustick Road would be a right -in, right -out only. ACHD -- we have had conversations with ACHD, they are willing to waive the requirement as long as our CZC will approve it, so I think we are pretty good there. There is an enclosure right here for a recycled container. A recycled container is currently sitting out in the -- in the park parking lot taking up a parking spot, so -- 36 parking stalls. One last thing. There is a planned hitting wall that would be right in this area right here made of concrete blocks. We felt the wood wall wouldn't be durable and sometimes wood walls are kind of noisy, so the CMU would -- would offer a Meridian City Council December 18, 2012 Page 35 of 47 long-term solution that's a little more quiet. De Weerd: Mike, I know a hitting wall is -- is going to be something that's attractive to different sports. I know when my kids played soccer they would have sought out a wall like that to kick their ball against. So, would that be something that would be discouraged or allowed? Barton: Madam Mayor, good question. I -- you know, if I had to just stand here and guess I would say that we would -- we would rather have them kick a ball into a block wall than the fences. But we wouldn't -- we certainly wouldn't encourage it. I don't think we would run over and approach somebody if they were doing it. From an operational standpoint I -- I don't see us having a problem with that. You know, yeah, if they are going to kick a ball into one of the fences and start the caving in the chain link fabric, I think, yeah, we got a problem with that. A concrete block wall not so much. De Weerd: Well -- and it's much better against a concrete wall than the chain link, because it comes back to you instead of unpredictability. Barton: Yeah. De Weerd: Thank you. Barton: So, a couple of the -- the part that we are asking for direction on is in between the courts there is a spectator area and there is three different options and, actually, the Parks Commission kind of -- they -- they looked at these options and developed kind of a hybrid of one of them, which is -- seems like a pretty good solution. In the base project the spectator areas are currently lawn and trees and the advantage to that is we can pull temporary bleachers in if need be. There is a lot of flexibility as far as walking around and unobstructed access and, you know, it has a nice flow to it. There is some greenery there, but one of the -- one of the options that was discussed was to add some permanent seating between the courts and one of the ideas is to install some raised planters that could -- somebody could sit on. Kind of attractive -- I mean the trees might do a little better in there. Disadvantages to that are -- it's not flexible you can't bring bleachers in, you -- it would be hard to really have a lot of space to set up a lawn chair, so that's -- that's that option. Before I go on are there any questions with -- with this one? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment that skateboarders love those kind of things, too. Barton: Yeah. Hoaglun: Madam Mayor? Meridian City Council December 18, 2012 Page 36 of 47 Zaremba: It's a draw back. Hoaglun: Mike, what's the distance between the two courts? The fences of the two courts? What are talking about there? Barton: Approximately 20 feet. Hoaglun: So, if the plan was ten -- we got another five feet on each side. Barton: Yeah. Hoaglun: Because it looks like -- on the picture it looks really nice down there on the lower right. It's -- oh, that's plenty of room, so -- Barton: And that's a -- that's quite a bit wider. Hoaglun: Yeah. Barton: But we are going to have a narrow alley with planters in it. De Weerd: It would be a really fun place to bring your skateboards. Barton: For sure. Option number -- Option B for the spectator area is install some shade sails over the top of a concrete seat wall. Now, the advantage to this one -- we see a nice shady spot to sit. Disadvantages. You don't have a real good flow or access between the courts. There is -- it's very structured. There is -- if you wanted to bring bleachers in for an event you couldn't with this. And, then, of course, the -- the estimated cost increase. So, with this one -- one of the -- one of the amenities that the Parks Commission has been looking at and we have been asked time and time again to develop is shade in parks and shade sails definitely does that for this. So, we had a discussion regarding budget and access and accommodating bleachers. It was the overwhelming -- the Parks Commission's desire to explore the possibility of the shade sails, but eliminate the concrete seat wall below them. So, we could bring in the bleachers, people can set up lawn chairs. We would definitely -- we would reduce the cost of this option by 30 to 40 thousand dollars. So, this is one that we are -- we are pretty fond of and if there is direction from Council to pursue option one, lawn and trees, raised planters, shade sails, concrete seat walls or no -- we are looking for your guidance. De Weerd: What is the maintenance impact? You see the capital impact, but what is the -- the maintenance of the two different options? Barton: Madam Mayor, the shade sails -- we have shade sails around the splash pad and we remove them -- we put them up on Memorial Day, take them down on Labor Day. Or I have that backwards. Labor Day, Memorial Day. So, they are up for three Meridian City Council December 18, 2012 Page 37 of 47 months during the summer. They are pretty easy -- pretty easy to put up and remove. They have been up for four years now and don't show any signs of deterioration. Because they are up for such a short time people want to enjoy the sunshine in May, but by June and July and August, of course, you're looking for shade, so -- they have a ten to 15 year life span and that's just for the fabric. The poles, of course, are a long term solution. Powder coated metal steel posts. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mike, would the -- would it be a hardscape, then? No grass. Fewer trees? Less irrigation? Less irrigation system. Barton: That is one option. Yeah. Rountree: What was the Park's Commission's recommendation? Barton: There wasn't one. Yeah. I -- and, Council Rountree, I -- I see maybe permeable pavers under there or rec grass even. Regular turf grass won't grow that well in the shade with a lot of foot traffic. So, there has got to be some sort of artificial surface, whether it's -- those are drainage galleries under there and there is permeable pavers or rec grass or some kind of option like that, but not plant material. So -- so, this definitely does -- you know, it adds a -- kind of a -- you know, there is not a lot of -- there is not going to be a lot of greenery there. This is showing a couple of trees at the ends and that can still happen, but in between the courts it's going to be pretty sterile, but it will be shady. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mike, how long would you have these shade sails up? Barton: Approximately three months. Bird: Three months, the same as the splash pads? Barton: Yeah. Bird: And kind of -- I know this is something that you can't really pin down, but how many tournaments and stuff where you're going to have spectators that -- to the point that you're going to need shade, other than that 20 by 20? 1 mean how many tournaments are we going to have and -- where you're going to be drawing that kind of -- how many tournaments -- tennis tournaments in the valley? Meridian City Council December 18, 2012 Page 38 of 47 Barton: Madam Mayor, Councilman Bird, at this point it's unclear. What we found with other sites -- and especially Settlers Park is you know from some of the parking challenges is that when you -- when you -- you can't predict this, but when you build it there it is. And we see this as a tournament style complex that could attract quite a bit of use and -- but as we stand here right now we don't have anything booked. Bird: Yeah. I realize that. Hoaglun: Madam Mayor and Mike what -- would these be between the current -- we have two existing, so you put in a set there, have two courts and, then, another set and, then, what would you do for the stadium court? Something similar or -- that was going to be bleachers; correct? On the west side? Barton: Yeah. So, the existing court -- between the existing court and the first new one there would be a shade sail. And, then, between the two new ones just a shade sail. The stadium court would be in the sun. No shade other than the 20 by 20 pavilion. Hoaglun: Interesting. So, the cost -- if I might continue on that. Without the seating, we just do shade sail for both -- both of them, is what are we looking at? Barton: About a 30,000 dollar up charge. Hoaglun: Okay. Not 30,000 each, but 30,000 total. Barton: No. Over the base -- over what's currently planned in the base budget. Hoaglun: Okay. De Weerd: And so Option B is the staffs preferred option? Barton: That's correct. Bird: And the parks. Barton: Yeah. Parks Commission. De Weerd: And the Parks Commission. Barton: And these are -- you know, some of this right now is for discussion and for direction to further develop the design and start to get into construction documents and once we reach that point we can get some better cost estimates on some of this stuff, so it's -- we are just steering ourselves in a certain direction and -- and we can bring this back with an update as we explore, but if we can get some direction on which way you would like to go -- in the end when we do our constructability reviews and -- and pin down our budgets, we are hoping that nice things like this are still an option, but there is an outside chance that they may not be, they have be an add alternate or something Meridian City Council December 18, 2012 Page 39 of 47 that's added in the future. But if it is something that we design for now, we don't want to design ourselves away from something like this if -- if everybody says I really love this, then, we won't go put raised planters and trees in, we will leave it open, so it can accommodate something like at a future date. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I personally like the shade sail -- say that three times real fast. But I think ultimately it will be a savings in maintenance cost. But my one concern in that arena is how likely are these going to be -- become jungle gyms? I mean it's hard to keep folks from climbing on stuff and I have -- I have got the scale here, but don't have any experience with them, other than at the swimming pool and they are just umbrellas, which are not an issue. But when you have a structure like this you're going to have people climbing on them. Barton: And we do have people climb on the ones that we have currently around the splash pad. Rountree: Is that an issue? Barton: They haven't hurt them so far. Rountree: Okay. Barton: And there might be an issue if they fall, but that's -- structurally they are -- they are pretty sound. If you climb it it's not like the fabric is going to tear off and -- and become a replacement item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mike, I go -- I like Option B without the -- without the bleachers. I think that in the long run it saves us money over the planters and the stuff and I think it would be real nice, people can bring lounge chairs and sit there. I think maintenance wise they have been successful at the splash pad, so, hopefully, we don't have too many jungle gyms around, but I'm sure we will find a few. Rountree: It looks to me like it provides us with a whole lot of options, too. De Weerd: Kids can find the little gyms in any place. Rountree: Well, I know. Meridian City Council December 18, 2012 Page 40 of 47 De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I'm just going to throw the comment in. I could be comfortable with the fabric shade sails as well and I agree let's do without any seating. If there is going to be a fairly hard surface people can set up whatever they want there or bleachers could be brought in, I guess, if it's tall enough. That works for me. Are we ready for slightly sideways comments or are you pretty well through with this presentation? Hoaglun: I will throw my two cents in and, I agree, I like this. I mean I was in Julia Davis Park this fall and some people were playing tennis and they got the big trees and it's beautiful and shady and -- we don't have 40 years. I mean that's when it would happen and so for people to use it, enjoy it, I mean it's permanent shade, it does reduce the maintenance I think overall with permeable hardscape or field turf -- whatever that -- you had another term for it, but, anyway, I think that's something we ought to pursue, so -- Barton: Okay. Getting a pretty consistent message. De Weerd: Okay. Zaremba: Just two thoughts that occur to me. After the original set of courts went in we retrofitted the area with some water fountains and I just want to make sure that since this is a sport that people tend to play strenuously, I didn't notice -- and this isn't a scale that I probably would see them, but just a comment, think about having pretty frequent water fountains around in the area. Barton: Councilman Zaremba, yes, there is a drinking fountain planned for this location and I think the one that you're referring to -- the horseshoe people request a hand washing platform for them. But we would more than likely put a water bottle filler and fountain in. Zaremba: Cool. That works. Barton: Yeah. Zaremba: Thanks. Then the second comment is that I know some thought and effort was put into actually having a building built here that would accommodate indoor courts and as a personal opinion I know they put a lot of effort into it, but I don't really miss that idea. I think it's fine not to have a building and my opinion would be the police that need to drive by and surveillance in the park probably we will be just as happy not to have a big obstacle building there, so I'm -- I like this plan. Barton: Thank you. De Weerd: Okay. Anything further? Anything further you need, Mike? Meridian City Council December 18, 2012 Page 41 of 47 Barton: No. Appreciate your feedback and your time. Thank you. Hoaglun: Thank you, Mike. I was just going to comment on that, though. My son was very excited about indoor tennis courts, because, then, he could play year around and I told him if he won the lottery when it was way up there we would certainly accept donation, but -- D. Parks and Recreation Department: 2013 Pathways Development Priorities Discussion 1. Resolution No. 12-901: 2013 Pathways Development Priorities De Weerd: Okay. Item No. 10-D is also under our Parks Department and we will have Jay in front of you. Gibbons: I really drew the short straw, but -- Madam Mayor, Members of the Council, I'm here tonight with a resolution to ask the City Council to adopt the fiscal year '13 pathway priorities that the Parks Commission set forth last week and in getting to those priorities we held a pathways workshop in the November Parks Commission hearing to discuss ideas, options and gain some -- some insight from the commission. As I said, they did formalize their resolution for these -- these goals and there are 11 for the coming year and I'm not going to go through them one by one, unless you'd like me to, but I will stand for questions. De Weerd: Wow. That was short. Rountree: I don't have any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have any questions or anything I would move that we approve Resolution 12-901. Rountree: Second. De Weerd: I have a motion and a second to approve Resolution 12-901. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council December 18, 2012 Page 42 of 47 MOTION CARRIED: ALL AYES. Barton: Thank you. De Weerd: Thank you. Bird: Thank you. E. Police Department: Budget Amendment for Emergency Replacement of a Police Department Motorcycle for the Not -to - Exceed Amount of $19,000.00 De Weerd: Okay. Item No. 9 -- or 10-E is our Police Department. I will turn this over to the chief. Lavey: Thank you, Madam Mayor, Council. This item was originally on the agenda for last week, but we had some paperwork that we needed to finish. So Councilman Rountree has been advised of this, but I am here in front of Council today asking for an emergency budget amendment to replace a 2005 Honda motorcycle. The purpose of that request is that the bike no longer runs. It's seven years old, 72,000 miles on it, the repairs exceed the value of the bike, so it does not make sense to repair the bike and my only options are either to replace it now or to wait until next budget year and the motorcycle is a major contributor to our traffic enforcement, including the texting while driving and red light violations and we have worked with Finance and we currently have two bids for this motorcycle. Lowest bid is -- is about 18,990 some dollars, so we are requesting a not to exceed amount of 19,000 dollars to replace that motorcycle. If we do get the authority to order it it will take about a month to deliver it. It will come with new front emergency lights, but the rest of the equipment off the old bike will be removed and placed on that motorcycle. And with that I stand for any questions Council may have. De Weerd: Thank you, chief. Any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the budget amendment for the Police Department in the amount not to exceed 19,000 dollars. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-E. Madam Clerk, will you call roll. Meridian City Council December 18, 2012 Page 43 of 47 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.. De Weerd: All ayes. MOTION CARRIED: ALL AYES. F. Community Development/Building Services Department: Updates to Plumbing Code De Weerd: Item 10-F is under our Community Development Department. Bjornson: Good evening, Madam Mayor, Members of Council. It is my pleasure to present to you this evening the exciting topic of plumbing code at this hour. De Weerd: I won't ask if you drew the short straw. Bjornson: I did. I did. But I think you can see Bruce is here to support, so he should probably be home sleeping. But I do appreciate his presence. I'd like to give you a little brief background that I'd like to read to you here on the Idaho State Plumbing Code. The state of Idaho has formally adopted a statewide plumbing code based on the 2009 Uniform Plumbing Code, which was developed in cooperation with the Idaho Plumbing Board, the state Department of Building Safety, the Idaho plumbing industry and it is published by the International Association of Plumbing and Mechanical Officials. The Idaho Plumbing Code is known as the Idaho State Plumbing Code, which the IFPC -- I have got a prop right here for you. It has been modified by these groups to protect the interest and the health and safety of the citizens of Idaho. On March 13, 2012, Governor Otter signed House Bill 466, which provided for statewide adoption of this code and it became law on July 1 of 2012. Cities have the option that once you elect a plumbing enforcement program to adopt this by January 1 of the following year per Idaho Code 54-2601. So, that's the proposal before you is to adopt that January 1. It won't be effective January 1 through the reading and I will get into that in just a second, but we are shooting for the end of February. The draft ordinance before you essentially allows for the adoption of the 2009 plumbing code, which is the majority of the content in this book. You should know -- and I wanted to point out that also in this book there is a few blue pages and what those are is the Idaho Administrative Procedures Act pages, which are the small sections of the IDAPA standard. The state legislature is still working on some changes to that blue section and so, essentially, we propose adopting the 2009 Uniform Plumbing Code coming back to you at a later date, May, June, July and adopting the modifications which will complete the overall adoption of this -- this document here. So, there is some minor changes there in the IDAPA that we don't want to move forward with at this time, but we feel it is appropriate to try to get that January 1 vote if we can and bring in this Idaho State Plumbing Code. The local amendments that we propose to this UPC, this Uniform Plumbing Code, essentially is simply licensing as required by the state of Idaho, permit and plan review expiration and Meridian fee schedule that's our schedule instead of what they propose here. Permit transferability, Meridian City Council December 18, 2012 Page 44 of 47 reinspection, and permit refunds that, you know, we have written into our schedules and adopted as such. The timeline that we are looking at is representatives from the BCA, there was no opposition, everybody received it well. We would like to mail out tomorrow a letter which is a draft of the city code adopting this -- recommending adoption of this and the City of Meridian local amendments. We would like to send this to the Plumbing Code Board and to the builders association. December 31 we would propose to publish the notice of public hearing. In January would be first and second reading and, then, February 5th public hearing, the third reading and adoption. We are targeting an effective date of February 11th. Phase two timeline, like I mentioned earlier, would be the ring in and just follow the state -- the legislative session and bring in those IDAPA modifications into this book and have it be complete at that point and, really, that's all I have got. I'd stand for any questions and tonight I request your approval to move forward with public notice and the meetings. De Weerd: Thank you. Council, any questions for Brent? Hoaglun: So, Madam Mayor, Brent, it sounds like the state legislature already took out the controversial elements to deal with separately and we can move forward. Is that a good summation? Bjornson: Madam Mayor, Councilman Hoaglun, that's correct. The big things are out. These are minor tweaks that we think that they are doing to the -- to the language and it should be a straight forward document when we bring it back to you. Hoaglun: Great. Bjornson: We do, by the way, want to compare that to what we would have gotten out of there were any changes to the UPC as it relates to that. We aren't anticipating any. Hoaglun: Okay. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Brent, do you know the status of the adoption in the other entities in the Treasure Valley? Are we going to be the first or -- Bjornson: Madam Mayor, Councilman Rountree, I do not. I have not researched that to know what the other municipalities are doing. It's -- my guess is that everybody is going to follow as quickly as they can to follow the statute. Rountree: Okay. It would be nice if it could be done concurrently, so that people in the industry don't have to say, well, they don't do it this way there yet. Bjornson: Yeah. This is a really popular document. You know, professionals around Meridian City Council December 18, 2012 Page 45 of 47 the state have worked hard in these disciplines to give a product to stop shop. There is even talk about, you know, an Idaho building set the precedence for that and it simplifies and it's well received neighbors will be adopting it as soon as possible. Rountree: Thank you. De Weerd: Anything further? Bird: I have none. De Weerd: Okay. Bjornson: Thank you. De Weerd: Thank you, Brent. Rountree: Do we need a motion or -- De Weerd: You will bring that back; correct? Nary: Right. Rountree: Bring it back in an ordinance. Item 11: Ordinances Idaho that is a one code, so this might and I think that our A. Ordinance No. 12-1536: An Ordinance for the Re -zone of .58 Acres from L -O to R-15 for the Rockcreek Apartments Located at 1023 and 1025 W. Pine Avenue, Meridian, Idaho De Weerd: Okay. Okay. Item 11-A is Ordinance No. 12-1536. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1536, an Ordinance RZ 12-003, Rock Creek Apartments for the rezone of a parcel of land located in the southwest one quarter of Section 12, Township 3 North, Range 1 West, situated in Ada County, Idaho and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of .58 acres of land from the L -O, Limited Office Zoning District, to R-15, Medium High Density Residential Zoning District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council December 18, 2012 Page 46 of 47 De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety. Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1536 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11-A. Madam Clerk, will you call roll. Zaremba: Due to a conflict of interest I abstain. Roll Call: Bird, yea; Rountree, yea; Zaremba, abstain Hoaglun, yea. De Weerd: Three ayes and one abstain. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Item 12: Future Meeting Topics De Weerd: Item 12 is -- we are under Future Meeting Topics. Council, any topics for future meeting agenda? Bird: I have none. De Weerd: I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:03 P.M. Meridian City Council December 18, 2012 Page 47 of 47 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) / / / MAYOR TAVfMY DE WEERD DATE APPROVED ATTEST: LMAN, CITY ����pgATED AL�U��l ti �� City of �w I OIA IST* -- y aDAH �r SEAL f �he TRENV, ITEM TITLE: Police Department: Swearing in of New Police Officer MEETING NOTES cut, r� Community Iters/Oresentations Presenter Contact Info./Notes UtpKs OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS M AmendITEM TITLE: . Sub -Recipient Agreement with Meridian Development Corporation MEETING NOTES g_i6_1 _ i4 I Community Iteir9resentations Presenter Contact Info./Notes RES OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SANT TO APPLICANT NOTES INITIALS FIRST ADDENDUM SUBRE CIPIENT AGREEMEOF 1 AND MERIDIAN DEVELOPMENT CORPORATION O. PY 2011 COMMUNITY DEVE LOPME BLOCK GRANT FUNDS This FIRST ADDENDUM to SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIANAND MERDIAN DEVELOPMENT CORPORATION FOR PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS ("First Addendum") is made this jen day of December, 2012 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and the Meridian Development Corporation, an urban renewal agency as established under Chapter 20, Title 50, Idaho Code ("Subrecipient"). WHEREAS, on or July 24, 2012, Subrecipient and City entered into a Subrecipient Agreement for PY2011 Community Development Block Grant Funds ("December 6, 2011 Agreement") establishing rights and responsibilities regarding the investment of Community Development Block Grant ("CDBG") fiends in Subrecipient's programming; WHEREAS, Subrecipient requires additional time to complete such programming; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. AMENDMENT. Section I(F) of the July 24, 2012 Agreement between the parties shall be amended to read as follows: Time of performance. Sezvices of Subrecipient shall start on or before July 25, 2012 and end on June 30, 2013. The teem of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. ALL OTHER PROVISIONS IN EFFECT. Except as expressly modified by this First Addendum or other duly executed addenda, all provisions of the December 6, 2011 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the December 6, 2011 Agreement or this First Addendum thereto. IN WITNESS WHEREOF, the parties shall cause this First Addendum to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Development Corporation By6kie Pipal, Board hairman CITY OF MERIDIAN: onA�Un A u�? .,4 r? ammy de erd IAHHO y ee 1 Mayor°K4� $E Clerk rrhe A AmendITEM TITLE: PY,201 1 CDBG Sub-RecipientAgreement c.• Countys, • Authority 3 Community IteM/ resentations Presenter Contact Info./Notes • E DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST11 1 o SUBRECIPIENTAGREEMENT BETWEEN CITY OF MERIDIAN 1 ADA COUNTYO'AUTHORITY FOR PY 2010 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This FIRST ADDENDUM to SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIANAND ADA COUNTY HOUSING AUTHORITY FOR PY 2010 COMMUNITY pece,r��e,,r DEVELOPMENT BLOCK GRANT FUNDS ("First Addendum") is made this I$ day of , 2012 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and the Ada County Housing Authority, a public body corporate and politic established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on or February 2, 2011, Subrecipient and City entered into a Subrecipient Agreement for PY2010 Community Development Block Grant Funds ("February 2, 2011 Agreement") establishing rights and responsibilities regarding the investment of Community Development Block Grant ("CDBG") funds in Subrecipient's programming; WHEREAS, Subrecipient requires additional time to complete such programming; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. AMENDMENT. Section I(F) of the February 2, 2011 Agreement between the parties shall be amended to read as follows: Time of performance. Services of Subrecipient shall start on or before December 28, 2010 and end on December 14, 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. ALL OTHER PROVISIONS IN EFFECT. Except as expressly modified by this First Addendum or other duly executed addenda, all provisions of the February 2, 2011 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the February 2, 2011 Agreement or this First Addendum thereto. IN WITNESS WHEREOF, the parties shall cause this First Addendum to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ada County Housing Authority Len� tZ - By: Deanna Watson, Executive Director CITY OF MERIDIAN: AUQ j'N l City of BY: %j/�E IlZ DIAI;d Tammy e erd �DAHD s Mayor �Fy SEAL A 0� tht TAEAS�� -eq4blman Clerk IN -4 J1 Ul ITEM TITLE: Amend PY201 1 CDBG Sub -Recipient Agreement with the Ada County Musing Authority (ACHA) MEETING NOTES Community Itenliffiresentations Presenter Contact Info./Notes ------------- -- UtPits OFFICE FINAL ACTION M DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST ADDENDUM o AGREEMENTSUBRECIPIENT BETWEEN CITY OF MERIDIAN This FIRST ADDENDUM to SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIANAND ADA COUNTY HOUSING AUTHORITY FOR PY 2011 COMMUNITY pecembe - DEVELOPMENT BLOCK GRANT FUNDS ("First Addendum") is made this I g day of , 2012 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and the Ada County Housing Authority, a public body corporate and politic established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on or December 6, 2011, Subrecipient and City entered into a Subrecipient Agreement for PY2011 Community Development Block Grant Funds ("December 6, 2011 Agreement") establishing rights and responsibilities regarding the investment of Community Development Block Grant ("CDBG") funds in Subrecipient's programming; WHEREAS, Subrecipient requires additional time to complete such programming; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. AMENDMENT. Section I(F) of the December 6, 2011 Agreement between the parties shall be amended to read as follows: Time of performance. Services of Subrecipient shall start on or before December 6, 2011 and end on December 14, 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. ALL OTHER PROVISIONS IN EFFECT. Except as expressly modified by this First Addendum or other duly executed addenda, all provisions of the December 6, 2011 Agreement shall remain in full force and effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the December 6, 2011 Agreement or this First Addendum thereto. IN WITNESS WHEREOF, the parties shall cause this First Addendum to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ada County Housing Authority By: eanna Watson, Executive Director CITY OF MERIDIAN: B Tammy • Mayor � 0-0P,SD nuGLSTf ttest: �O 9Ou City of El�IDIA ace olman F C' y Clerk n SE�' TFB °� 1hi TROS2 � DATE: December 18, 22012 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Donation 6f Fire Equipment to Jordan Valley Ambulance MEETING NOTES F, 911, Community Iteffil0resentations Presenter Contact Info./Notes .............. a�—, Ut-PI(S OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS W ® a O LL ® v vi 'O m m P m O m- N U �J ©1 N ® > U Q u, a� Uw u. � � c O o U N O LL O O 41 j C E .40 O f0.1 C W S O �' w LL _ U m z U m O E W o Q 16 _ _ rn e w12 c Q y ® m o aD 6 vNi c c E u> N Q o 8 d S m .w w 4-(Dd � � N m O In O V OWQ C cLmmyo°' 3 E c t9 °® < m d w 0,0 wt O N r i NMd•tp(O v ® tri r Q d d N (n (o Id 61 6 C O a� E iia Cl) rn UCYA .00 y m—off 2w m r CA v Fl y m� ��L�✓ 0 LLJNr c T m 7 m �a .R a O m m C to O m LL N `$a � O 1' 5:�;'C� p c o. 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O cYj LL L LL __ -afig -r CL N% `a o€ s icn c m N y c� o O m 0 m c N Q OycO�CnUUda)UlNNcAl F� -DE y O O *O iz o Qr d c m E O 9 AR O °0 0 O � d C aE oC: G U � v a o �b po� � U� d v 0 �ION 0a 4 C � d O 2 % z.\ « 3h LUZ & > %ƒ � 0\ 2 _ m 2 LL � E / O C \ k k � 0 2 w >t \ k t \ m t k 3 \ % Q Q o Q o z z z z z C) 7 $ \ q q 0 S G k 2 2 k J J k . m q q 9 K $ m = 0 2 c k k / \ d o # + # Q 4 2 e E @ @ @ o @ (U m e m k kLo w / k \ o L 6 k CO c 2 a k ( 2 _ m � kU) $ :3 In \ ) \ § \ @ _ & k I M I M / 3: ) m @ � /% :m \ 7 \ / \ D § v vi f § § Zi z DATE: December 18, M2 IT NUMBER: 6E PROJECT NUMBER: ITEM TITLE: Approve Minutes of December 4, 2012 City Council Meeting MEETING NOTES AF3 L - Community IteM/Oresentations Presenter Contact Info./Notes L� CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS December • , 2012 ITEM NUMBER: 6F PROJECT NUMBER: PP 12-012 ITEM TITLE: Findings Of Pact & Conclusions of Law for Approval: Scentsy Commorit Subdivisio-t by HOTI, LLP Located 3001 �. Commercial and 2701 E. Pine Avenue Request: Preliminary Plat Approval CoMs-11sting of Seven (7) Building Lots on 60.727 Acres of Land in the I -L, L -O and C -G Zoning [Districts MEETING NOTES Community IterhOresentations Presenter Contact Info./Notes I- _ ,__ aMKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO Ar PLICANT NOTES INITIALS DATE:December i , 2012 ITEM NUMBER: 6G PROJECT NUMBER: PP 12-013 ITEM TITLE: Findings S.Pacti Conclusions ofLawfor Approval: :.. Square by Alliance Management Cahsultants Located West of N. Eagle Ustick Road Request: Preliminary Plat Approval for 28 Residential Other Lots on 7.89 Acres of Ld'hd in an R-15 Zoning District MEETING NOTES Road and South of E. Lots and 5 Common Community Iterfiesentations Presenter Contact Info./Notes ERRS OFFICE FINAL ACTON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO ;APPLICANT ,_ NOTES INITIALS December • I PROJECT NUMBER: AZ -12, -D08 - ITEM � , - 0 G% Subdivialdh - by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Annexation and Zoning of 74.6 Acres of Land from RUT in Ada County to the R-4 (Medium Low-Deh8ify Residential) Zone MEETING NOTES Community IteM/Oresentations Presenter Contact Info./Notes Cry, -j PKs OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: December 18, 2/012 ITEM NUMBER: 61 PROJECT NUMBER: Findings ITEM TITLE: of :. Conclusions of Law for•• •Isola Creek Subdivision by Coleman Homes, LLC Located East Side of N. Ten Mile Road, North of W. Ustick Road Request: Annexation dMd Zoning of 74.6 Acres of Land from RUT in Ada County to the R-4 (Medium Low -Density Residential) Zone MEETING NOTES �_.__ Community Iteiresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: • ,2012 ITEM NUMBER: 6J; PROJECT NUMBER: yr= A OD• ITEM TITLE: Findings Of Pact & Conclusions of Law for Approval: Bienv#te— Square PEW Alliance Management Consultants Located at West of N. Eagle Road and South of E. Ustick Road Request: Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement (Instrument #1074437) Approved for Bienville Square Subdivision MEETING NOTES Community Iteffil0resentations Presenter Contact Info./Notes CLERKS RKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY TO APPLICANT APPLICANT NOTES INITIALS DATE: December 18, 2012 ITEM NUMBER: 6K PROJECT NUMBER: -TEM TITLE: Resolutioil No. / 9 477 A Resolution Amending the Moriclian City Policy and Procedures Manual Regarding Policy 6.8 - Conflict of Interes-f MEETING NOTES Community Iteffil'Oresentations Presenter Contact Info./Notes L - CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 12- 22 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING NUMBER 6.8 CONFLICT OF INTEREST; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 6.8 — Conflict of Interest; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in frill force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this !4day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2012. APPROVED: ATTEST: By:� aycee. olman, City Clerk City of DA 10 °r SEAL ti F�0/1hr'fRC.A5�00 CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL AMENDMENT CONFLICT OF INTEREST - 2012 CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER 6.18 SUBJECT: CONFLICT OF INTEREST PURPOSE: It is the City of Meridian's policy that employees and others acting on behalf of the City be free from actual or perceived conflicts of interest whenever possible to assure the public that all transactions of the City are not compromised by a lack of independent judgment, objectivity or fairness. AUTHORITY & RESPONSIBILITY: The following policy shall apply to all employees of the City. The City Attorney and Human Resources shall be empowered to act to assist departments in identifying and eliminating conflicts of interest whenever possible. The Mayor and City Council may agree to jointly waive said conflict. This policy shall not apply to the City's Youth - Work -Life Skills program. I. DEFINITIONS A. Actual or Perceived Conflict of Interest. Due to the nature of the information that is accessible and maintained by the City of Meridian, no one may be employed by the City who is related within the first degree of consanguinity to an employee of the Mayor's Office, City Attorney's Office, Finance Department, or Human Resources, or any Directors of a City Department. This shall include relationships created by blood, marriage, or adoption. This provision will not apply to any person who is a current employee of the City at the time this policy is approved by the City Council. B. Contracting with Persons or Companies. The City may contract with a person or company that meets the definition in (A) as long as the City Council approves the contract after a competitive process or adherence to City Policy has occurred. DATE: December 18, 22012 ITEM NUMBER: 6L PROJECT NUMBER: ITEM TITLE: Resollutioil No. A Resolution Amending the Meridian City Policy and Procedures Manual regarding Policy 4.3.1- Donation of Vacation Leave to Another Employee for FMLA Qualifying Event MEETING NOTES - re Community Itetriffiresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: * E-MAILED TO STAFF SENT TO AGENCY .TIENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 12 - BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING NUMBER 4.3.1 — LEAVE POOL FOR FAMILY MEDICAL LEAVE ACT (FMLA) QUALIFYING EVENT; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 4.3.1 — Leave Pool for Family Medical Leave Act (FMLA) Qualifying Event; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 01411�day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 0 day of 2012. APPROVED: Mayor a e Weerdr, ATTEST: '90 W City of By:IA�N l w aycee Holman, City Cleric S LT6 vPv CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL AMENDME I bRIP, Y 4.3.1 - LEAVE POOL FOR FMLA QUALIFYING EVENT - 2012 NUMBER 4.3.1 DONATION OF VACATION LEAVE TO ANOTHER EMPLOYEE FOR FMLA QUALIFYING EVENT PURPOSE: To allow employees to donate their accumulated vacation leave to another employee that qualifies for FMLA and has exhausted all of their available leave. POLICY: The City shall allow an employee to donate their accumulated vacation leave to another employee to alleviate economic hardship caused by the absence from work necessitated by FMLA qualifying event. AUTHORITY & RESPONSIBILITY: Employees shall make appropriate requests for use of the donated vacation leave that can be applied to their FMLA Leave. Human Resources shall be responsible for administering and interpreting this policy. I. ELIGIBILITY A. All regular full-time employees are eligible to receive FMLA Leave benefits from the pool. Employees must exhaust all of their eligible sick and vacation leave before being eligible to use any donated leave. Employee must have been absent from the workplace for a minimum of thirty (30) days continuously or sixty (60) day intermittently before the are eligible to receive any donated time. Employees may not receive any donated leave that would allow them to exceed the maximum allowed leave under FMLA during the qualifying period. II. ALLOWABLE USE A. Employees may donate some or all of their accumulated vacation leave to be used by a designated employee with an FMLA qualifying event. The donated hours will be added the requestingemployee's mployee's sick leave balance. B. Hours may be available to employees upon written request from the employee, and a recommendation by the Department Director, the Human Resources Director and the Mayor. C. The Department shall seek donation of hours from employee's department first and then may seek additional hours up to the maximum allowed by this policy from all employees. III. OTHER PROVISIONS A. As allowed by law, a second medical opinion may be required. B. An employee cannot receive donated time after they have achieved the maximum allowed FMLA hours in the event year. DATE: December 18, 2012 ITEM NUMBER:M PROJECT ITEM TITLE: Approval 6f Contract Amendment to the Existing Agreement for Independent Contractor Services for Landscape Maintenance to Lawnco for the Not - To -Exceed Amount of $93,063,00. This Amendment is the First of Two Additional One Year Extensions for City Wide Landscape Maintenance MEETING NOTES Community Iterh'resentations Presenter Contact Info./Notes �_ CLERKs OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY lqtNT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Jacy Jones, Mike Barton Date: 12/13/12 Re: December 18 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 18 City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to the existing Agreement for Independent Contractor Services for Landscape Maintenance to Lawnco. This Amendment is the first of two additional one year extensions for city wide landscape maintenance. Recommended Council Action: Approval of Contract Amendment No. 1 to Lawnco for the Not -To -Exceed amount of $93,063.00. Thank you for your consideration. 0 Page 1 1 MERIDIANC7 1E R1 D I A N 4 -CITY OF CONTRACT AMEN LAWNCO Landscape Maintenance Services CONTRACTOR NAME: DEPARTMENT NAME: LAWNCO Parks & Recreation ADDRESS: ADDRESS: 2581 Wildwood St 33 E. Broadway, Ste. 206 Boise, ID 83713 Meridian, ID $3642 CURRENT CONTRACT INFORMATION: Contract Name:. LANDSCAPE MAINTENANCE SERVICES Previous Amendment Date: N/A Previous Amendments: 0 Current Contract Dates: START: _ _3-23-2010 COMPLETION: 1 i-23-2012 Current Contract Amount (Inclusive of Previous Amendments to Date): 255140.00 .AMENDMENT TO EXERCISE OPTION TO RENEW (GhAck ag &tAPPW x Amendment to Contract Performance x Amendment to Contract Dates x Amendment to Contract Amount _, Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendmeno: The City of Meridian is opting to extend the contract for an additional year. This is the first year of the two additional one year options. Three additional sites have also been added to the contract: 1) Linder Drainage Bed, Price Code 1 for $1,350 per season, 2) Usitek Drainage Bed, Price Code 1 for $1,350 per season, and 3) Taconic Well, Price Code 2 for $1,100 per season. NEW CONTRACT INFORMATION: Amendment Date: 12-18-2012 New Contract Dates: START: _ 11-23-2012 COMPLETION: 11-23-2013 Amount of Amendment Change $ 93.063.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $ 348,203.00, ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MERIDIAN C7 BY: T MMYERD, MAYOR Dated:7—)a- 1z ,DA Lby Council s� City of E �JAA CE LM 1TY CLERK ��F SEAL y� yr�Q�r18e THEM1buay��~ LAWNC BY: v'" 4& Stephanie ale Dated: 12 � -- l Approved by City as to Content BY: KEI %-PORCHAMG MANAGER December WE= Amended onto the agenda: Resolution NO. 12-902 Approving Office Lease Agreement for Two Year Extension for Raul Labrador MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF I1 A RESOLUTION APPROVING A LEASE AGREEMENT AMENDMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND CONGRESSMAN RAUL LABRADOR (LESSEE) FOR A TWO YEAR LEASE TERM EXTENSION FOR APPROXIMATELY 1,812 SQUARE FEET OF OFFICE SPACE AT THE MERIDIAN CITY HALL, 33 EAST BROADWAY, MERIDIAN IDAHO TO BE USED FOR A LOCAL CONGRESSIONAL STAFF OFFICE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has approximately 1,812 square feet of office space at the Meridian City Hall that is not currently used for City business; and, WHEREAS, the City of Meridian has no immediate plans to use the 1,812 square feet of space for City business. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The 1,812 square feet of space in Meridian City Hall described in the lease agreement amendment between Congressman Raul Labrador and the City of Meridian is not otherwise needed for City purposes. SECTION 2. That the terms of the agreement (attached hereto and incorporated herein) between Congressman Raul Labrador and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 13 day of L, 2012. CITY OF MERIDIAN RESOLUTION NO. 12- 9 Oat BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING A LEASE AGREEMENT AMENDMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND CONGRESSMAN RAUL LABRADOR (LESSEE) FOR A TWO YEAR LEASE TERM EXTENSION FOR APPROXIMATELY 1,812 SQUARE FEET OF OFFICE SPACE AT THE MERIDIAN CITY HALL, 33 EAST BROADWAY, MERIDIAN IDAHO TO BE USED FOR A LOCAL CONGRESSIONAL STAFF OFFICE; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the City of Meridian has approximately 1,812 square feet of office space at the Meridian City Hall that is not currently used for City business; and, WHEREAS, the City of Meridian has no immediate plans to use the 1,812 square feet of space for City business. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The 1,812 square feet of space in Meridian City Hall described in the lease agreement amendment between Congressman Raul Labrador and the City of Meridian is not otherwise needed for City purposes. SECTION 2. That the terms of the agreement (attached hereto and incorporated herein) between Congressman Raul Labrador and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. SECTION 3. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. p ADOPTED by the City Council of the City of Meridian, Idaho, this o day of bw-a�A� -, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 11 4 4 - day of� 2012. APPROVED: Mayor ATTEST: By: :d4 aycee I . olman, City Clerk City of �1 SEAL V.S. Yfouse of ftresentatives Washington, D.C. 20515 District Office Lease Amendment (Page 1 of 2-1131h Congress) 1. Prior Lease Term. The undersigned Landlord ("Lessor") and Member of the U. S. House of Representatives ("Lessee') agree that they previously entered into a District Office Lease ("Lease') (along with the District Office Lease Attachment), which covered the period from January 3, 2011 to January 2, 2013 for the lease of office space located at 33 E. Broadway Ave. Suite 251 in the city, state and ZIP of Meridian, Idaho 83642 2. Extended Term. The above referenced Lease is extended through and including January2 , 2015 (This District Office Lease Amendment ("Amendment") may not provide for an extension beyond January 2, 2015, which is the end of the constitutional temp of the 113'h Congress.) 3. Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now be $1,661.00 . All other provisions of the existing Lease shall remain unchanged and in full effect, except for the following additional terns, which are modified as indicated in the space below [If no additional terms are to be modified, write the word "NONE" below]. 1 0A)G 4. District Office Lease Attachment for 113" Congress. This Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the 113`" Congress and the District Office Lease Attachment for the 11301 Congress attached hereto supersedes and replaces any prior District Office Lease Attachment. 5. Counterparts. This Amendment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 6. Section Headings. The section headings of this Amendment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] V.S. Yfouse of Wepresentatives Washington, D.C. 20515 District Office lease Amendment (Page 2 of 2 —113th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee. Tammy CeWeerd, The City of Meridian, an Idaho Municipal Corporaflon Raul Labrador Print Name (Lessor/Landlord) Lessor Signature Date Print Name (Lessee) Lessee Signature Date Send completed fonrr [o: Administrative Cowuel, 217Ford House Office Building, Washington, D.C. 20515. Copies may also be faxed to 202-225-6999 V.S..louse of fpreseutatives Washington, D.C. 20515 District Office Leaso Attachment (Page 1 of 4 —113`h Congress) 1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("Attachment") is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendment) to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives ("House") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House ("CAO") to Lessor to satisfy Lessee's rent obligations under the Lease — which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House — shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel') must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is a fixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the tern of the Lease, the Clerk of the House may, at his or her sole option, either: (a) terminate the Lease by giving thirty (30) days' prior written notice to Lessor, or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (30) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked. V.S. Yfouse of ftresentatives Washington, D.C. 20515 District Oifiee Lease Attachment (Page 2 of 4 —113" Congress) 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the 113th Congress, the Lease will be considered null and void. 10. Early Termination, N either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in writing in the event Lessor sells, transfers, or otherwise disposes of the leased premises; in the event Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515. 12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such ani estoppel certificate shall not require the review and approval of the Administrative Counsel. 13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/lreating systems or equipment (including window air conditioning writs provided by the Lessor) serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 13 and 14. 16. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. V.S. ,Mouse of &presentatives Washington, D.C. 20515 District Office lease Attachment (Page 3 of 4 — 113" Congress) 18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 21. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to tine extent of such inconsistency. 23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, anns-length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 26. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instnunent. 27. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows. ] V.S. Yfouse of ftresentatives Washington, D.C. 20515 District 0MOB leas® Attachment (Page 4 of 4 —113th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. Tammy DeWeerd, The Chy of Meridian, an Idaho Municipal Corporation Print Name (Lessor) Signature Date Raid Labrador From the Member's Office, who is the point of contact for questions? Name daka een phone (me )Bee -3166 Finail lakeball Print Name (Lessee) Lessee Signature Date This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed Date 20 (Administrative Counsel) 1111111 Jill: 1111111 1: 11111111 ii 1111111111 11 • • • D' December 18, 2012 ITEM NUMBER: 60 Amended ' •- Amended onto the agenda: District Office Lease Amendment and Attachment between the City of Meridian and Raul Labrador Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS V.S. Yfouse of Wgresentatives Washington, D.C. 20515 DIStriet Offlee lease Amendment (Page 1 of 2 —113th Congress) 1. Prior Lease Term. The undersigned Landlord ("Lessor") and Member of the U. S. House of Representatives ("Lessee') agree that they previously entered into a District Office Lease ("Lease') (along with the District Office Lease Attachment), which covered the period from . January 3, 2011 to January 2, 2013 for the lease of office space located at 33 E. Broadway Ave. Suite 251 in the city, state and ZIP of Meridian, Idaho 83642 2. Extended Term. The above referenced Lease is extended through and including January 2 , 2015 . (This District Office Lease Amendment ("Amendment") may not provide for an extension beyond January 2, 2015, which is the end of the constitutional term of the 113th Congress.) Rent and Any Other Changes. The monthly rent for the extended term of the Lease shall now be $1,661,00 . All other provisions of the existing Lease shall remain unchanged and in full effect, except for the following additional terms, which are modified as indicated in the space below [If no additional terms are to be modified, write the word "NONE" below]. /V U /tj C; District Office Lease Attachment for 113th Congress. This Amendment shall have no force and effect unless and until accompanied by an executed District Office Lease Attachment for the 113th Congress and the District Office Lease Attachment for the 113th Congress attached hereto supersedes and replaces any prior District Office Lease Attachment. 5. Counterparts. This Amendment may be executed in any number of coutrterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 6. Section Headings. The section headings of this Amendment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] V.S. Yfouse of ftresentatives Washington, D.C. 20515 DIStPlet (Page 2 of 2 —113th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Amendment as of the later date written below by the Lessor or the Lessee. Tammy DeWeerd, The City of Meridian, an Idaho Municipal Corporation Rau'l Labrador Print Name (Lessor/Landlord Lessor Signature Date Print Name (Lessee) Lessee Signature Date Send completed fol7u to: Admin1strafive Counsel, 217Ford Nouse Office Building, Washington, D.C. 20515. Copies ntav also be faxed to 202-225-6999 V.S. Yfouse of ftresentatives Washington, D.C. 20515 District Office Lease Attachment (Page 1 of 4 —113th Congress) 1. Incorporated District Office Lease Attachment. Lessor (Landlord) and Lessee (Member/Member-Elect of the U.S. House of Representatives) agree that this District Office Lease Attachment ("Attachment") is incorporated into and made part of the Lease ("Lease") and, if applicable, District Office Lease Amendment ("Amendment") to which it is attached. 2. Performance. Lessor expressly acknowledges that neither the U.S. House of Representatives ("House") nor its Officers are liable for the performance of the Lease. Lessor further expressly acknowledges that payments made by the Chief Administrative Officer of the House ("CAO") to Lessor to satisfy Lessee's rent obligations under the Lease — which payments are made solely on behalf of Lessee in support of his/her official and representational duties as a Member of the House — shall create no legal obligation or liability on the part of the CAO or the House whatsoever. Lessee shall be solely responsible for the performance of the Lease and Lessor expressly agrees to look solely to Lessee for such performance. 3. Modifications. Any amendment to the Lease must be in writing and signed by the Lessor and Lessee. Lessor and Lessee also understand and acknowledge that the Administrative Counsel for the CAO ("Administrative Counsel") must review and give approval of any amendment to the Lease prior to its execution. 4. Compliance with House Rules -and Regulations. Lessor and Lessee understand and acknowledge that the Lease shall not be valid, and the CAO will not authorize the disbursement of funds to the Lessor, until the Administrative Counsel has reviewed the Lease to determine that it complies with the Rules of the House and the Regulations of the Committee on House Administration, and approved the Lease by signing on page 4 of this Attachment. 5. Payments. The Lease is afixed term lease with monthly installments for which payment is due in arrears on or before the end of each calendar month. In the event of a payment dispute, Lessor agrees to contact the Office of Finance of the House at 202-225-7474 to attempt to resolve the dispute before contacting Lessee. 6. Void Provisions. Any provision in the Lease purporting to require the payment of a security deposit shall have no force or effect. Furthermore, any provision in the Lease purporting to vary the dollar amount of the rent specified in the Lease by any cost of living clause, operating expense clause, pro rata expense clause, escalation clause, or any other adjustment or measure during the term of the Lease shall have no force or effect. 7. Certain Charges. The parties agree that any charge for default, early termination or cancellation of the Lease which results from actions taken by or on behalf of the Lessee shall be the sole responsibility of the Lessee, and shall not be paid by the CAO on behalf of the Lessee. 8. Death, Resignation or Removal. In the event Lessee dies, resigns or is removed from office during the term of the Lease, the Clerk of the House may, at his or her sole option, either: (a) terminate the Lease by giving thirty (3 0) days' prior written notice to Lessor; or (b) assume the obligation of the Lease and continue to occupy the premises for a period not to exceed sixty (60) days following the certification of the election of the Lessee's successor. In the event the Clerk elects to terminate the Lease, the commencement date of such thirty (3 0) day termination notice shall be the date such notice is delivered to the Lessor or, if mailed, the date on which such notice is postmarked. V.S. Yfouse of Q?presentatives Washington, D.C. 20515 District (Page 2 of 4 —113th Congress) 9. Term. The term of the Lease may not exceed the constitutional term of the Congress to which the Lessee has been elected. The Lease may be signed by the Member -Elect before taking office. Should the Member -Elect not take office to serve as a Member of the 113"' Congress, the Lease will be considered null and void. 10. Early Termination. if either Lessor or Lessee terminates the Lease under the terms of the Lease, the terminating party agrees to promptly file a copy of any termination notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515, and with the Administrative Counsel, Office of the Chief Administrative Officer, U.S. House of Representatives, 217 Ford House Office Building, Washington, D.C. 20515. 11. Notification upon Occurrence of Certain Events. Lessor agrees to promptly notify Lessee in writing in the event Lessor sells, transfers, or otherwise disposes of the leased premises; in the event Lessor is placed in bankruptcy proceedings (whether voluntarily or involuntarily); in the event the leased premises is foreclosed upon; or in the event of any similar occurrence. Lessee shall promptly file a copy of any such notice with the Office of Finance, U.S. House of Representatives, B-245 Longworth House Office Building, Washington, D.C. 20515. 12. Estoppel Certificates. Lessee agrees to sign an estoppel certificate relating to the leased premises (usually used in instances when the Lessor is selling or refinancing the building) upon the request of the Lessor. Such an estoppel certificate shall not require the review and approval of the Administrative Counsel. 13. Maintenance of Common Areas. Lessor agrees to maintain in good order, at its sole expense, all public and common areas of the building including, but not limited to, all sidewalks, parking areas, lobbies, elevators, escalators, entryways, exits, alleys and other like areas. 14. Maintenance of Structural Components. Lessor also agrees to maintain in good order, repair or replace as needed, at its sole expense, all structural and other components of the premises including, but not limited to, roofs, ceilings, walls (interior and exterior), floors, windows, doors, foundations, fixtures, and all mechanical, plumbing, electrical and air conditioning/heating systems or equipment (including window air conditioning units provided by the Lessor) serving the premises. 15. Lessor Liability for Failure to Maintain. Lessor shall be liable for any damage, either to persons or property, sustained by Lessee or any of his or her employees or guests, caused by Lessor's failure to fulfill its obligations under Sections 13 and 14. 16. Initial Alterations. Lessor shall make any initial alterations to the leased premises, as requested by Lessee and subject to Lessor's consent, which shall not be unreasonably withheld. The cost of such initial alterations shall be included in the annual rental rate. 17. Federal Tort Claims Act. Lessor agrees that the Federal Tort Claims Act, 28 U.S.C. §§ 2671- 80, satisfies any and all obligations on the part of the Lessee to purchase private liability insurance. Lessee shall not be required to provide any certificates of insurance to Lessor. V.S. Abuse of Representatives Washington, D.C. 20515 District (Page 3 of 4 — 113th Congress) 18. Limitation of Liability. Lessor agrees that neither Lessee nor the House nor any of the House's officers or employees will indemnify or hold harmless Lessor against any liability of Lessor to any third party that may arise during or as a result of the Lease or Lessee's tenancy. 19. Compliance with Laws. Lessor shall be solely responsible for complying with all applicable permitting and zoning ordinances or requirements, and with all local and state building codes, safety codes and handicap accessibility codes (including the Americans with Disabilities Act), both in the common areas of the building and the leased space of the Lessee. 20. Electronic Funds Transfer. Lessor agrees to accept monthly rent payments by Electronic Funds Transfer and agrees to provide the Office of Finance, U.S. House of Representatives, with all banking information necessary to facilitate such payments. 21. Refunds. Lessor shall promptly refund to the CAO, without formal demand, any payment made to the Lessor by the CAO for any period for which rent is not owed because the Lease has ended or been terminated. 22. Conflict. Should any provision of this Attachment be inconsistent with any provision of the attached Lease or attached Amendment, the provisions of this Attachment shall control, and those inconsistent provisions of the Lease or the Amendment shall have no force and effect to the extent of such inconsistency. 23. Construction. Unless the clear meaning requires otherwise, words of feminine, masculine or neuter gender include all other genders and, wherever appropriate, words in the singular include the plural and vice versa. 24. Fair Market Value. The Lease or Amendment is entered into at fair market value as the result of a bona fide, anus -length, marketplace transaction. The Lessor and Lessee certify that the parties are not relatives nor have had, or continue to have, a professional or legal relationship (except as a landlord and tenant). 25. District Certification. The Lessee certifies that the office space that is the subject of the Lease is located within the district the Lessee was elected to represent unless otherwise authorized by Regulations of the Committee on House Administration. 26. Counterparts. This Attachment may be executed in any number of counterparts and by facsimile copy, each of which shall be deemed to be an original but all of which together shall be deemed to be one and the same instrument. 27. Section Headings. The section headings of this Attachment are for convenience of reference only and shall not be deemed to limit or affect any of the provisions hereof. [Signature page follows.] V.S. .91buse of f pyesentatives Washington, D.C. 20515 WPM 1 (Page 4 of 4 —113th Congress) IN WITNESS WHEREOF, the parties have duly executed this District Office Lease Attachment as of the later date written below by the Lessor or the Lessee. Tammy DeWeerd, The City of Meridian, an Idaho Municipal Corporation Print Name (Lessor) /f- -moo - ems Date Raul Labrador Print Name (Lessee) Lessee Signature Date From the Member's Office, who is flee point of contact for questions? Name Jake Ball Phone 208 888-3188 E-mail Iakeball This District Office Lease Attachment and the attached Lease or Amendment have been reviewed and are approved, pursuant to Regulations of the Committee on House Administration. Signed (Administrative Counsel) Date I Send completed fo»its to: Adntitzistrative Cotmsel, 217Fof d House 0fJ1ce Building, Washington D.C. 20515. Copies rnav also be faxed to 202-225-6999 20 MeridAgn City Council Meeting co'? DATE: December 18, 2012 ITEM NUMBER: 2ROJECT NUMBER: ITEM TITLE: ResolutiotiNo. Id- -29-51z;- 9 9 Accepting the 2013 Initial Polhf Gallery Schedule MEETING NOTES DRY ,__L_ - Community Iteffit0resentations Presenter Contact Info./Notes --------------- �-L-_- U,t_ PKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY ................ 8IHNTTO APPLICANT NOTES INITIALS k29 CITY OF MERIDIAN RESOLUTION NO.. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE 2013 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-5-2(C)(2-4) charges the Meridian Arts Commission with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, encouraging the growth and preservation of the city's art resources, fostering the development of a receptive climate for the arts, promoting self-sustaining arts programs within the City, and reviewing and advising the City Council on the aesthetic aspects of works of art to be displayed by the city of Meridian; WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall; WHEREAS, on November 8, 2012, the Meridian Arts Commission reviewed the responses to the Call to Artists (attached hereto as Exhibit Q, selected artists whose works are appropriate for display in Initial Point Gallery based on their respectively submitted proposals, and recommends to the Meridian City Council that such artists' work be displayed in Initial Point Gallery in 2013; and WHEREAS, the Mayor and City Council find that the proposed 2013 Initial Point Gallery Schedule, as set forth in Exhibit B, will serve the best interest of the people of Meridian and all visitors to Meridian City Hall; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed 2013 Initial Point Gallery Schedule, attached hereto as Exhibit B, as may be amended or supplemented by the Gallery Curator from time to time as necessary, is hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 18th day of Dec., 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 18th day of Dec., 2012. APPROVED: °�iPIvu {U`''` r TTEST• ?G l t� y City of II :IAN - 4o Mayor Ta de Weerd I cee l �f SEtL City Clerk RESOLUTION ADOPTING 2013 INITIAL POINT GALLERY SCHEDULE Page 1 of 6 Meridian, Commission Call for Artists: 2013 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2013 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total watt space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Setectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2013 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Acknowledgements form; ® Biography of the artist or informational statement regarding organization; ® Letter of intent; ® Five (5) digital images .representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and ® $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.merldiancity,org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 26, 2012. SELECTION PROCESS: The selection of art for the 2013 Initial Point Gallery Series wilt be made by MAC. MAC will notify selectees by letter sent U.S. Malt. In evaluating eligible proposals, the following factors wilt be considered: ® Quality of work; ® Appropriateness of subject and concept for a functioning government workplace; ® Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hatt, RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources: o Volunteers to assist artist/organization with installing and removing each piece of artwork; ® Track system for hanging 2D art and four enclosed pedestals for 3D art; ® Space for artist information and/or an information board; and ® Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: By e-mail: Meridian Arts Commission Attn: 2013 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity.org RESOLUTION ADOPTING 2013 INITIAL POINT GALLERY SCHEDULE Page 2 of 6 Meridian. Commissi®n cif � ,• i � i- •/• ,� _ � ARTIST/ORGANIZER CONTACT INFORMATION: Check one: ❑ 1 am submitting this form as an individual artist. ❑ 1 am submitting this form on behalf of an organization, Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: Day: Evening: Cell: APPLICATION OVERVIEW: Check all that apply: ❑ i/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ❑ I/we propose to fill these display cases with 3D artwork: ❑ 24"Wx24"Dx42"H ❑ 24"Wx24"Dx36"H ❑ 24"Wx24"Dx30"H ❑ 24"Wx24"Dx24"H Number of 2D pieces: Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: 1 Completed, signed Application Et Acknowledgements Form 0 Biography of.artist or informational statement regarding organization, no longer than one 81/2 x 11" page; ❑ A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d, Any atypical issues or challenges regarding hanging or display of the works proposed for display. ❑ Up to five digital images of work representational of the artist's /organization work on a CD, resolution of 300 dpi at a minimum size of 5x7", in , jpg format, Please name each image file with artist's last name or organization name and the title of the work (e g.: name, title. jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a -mail. ❑ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable, DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (1/a") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. Plclure Hsnpinp wllh Avo canlos FIG, 2, BACK OF FRAME Y' - � z FIG, 3, 3D ART DISPLAY CASES RESOLUTION ADOPTING 2013 INITIAL POiNT GALLERY SCHEDULE Page 3 of 6 ACKNOWLEDGMENTS: 1, , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shalt occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. i specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance "I Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will INITIa� exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the INITIAL artist. The City of Meridian shalt not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery, D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month INITIAL period, this period may shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIAL time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL the artist (or by artist members of the organization) submitting this application. H. Meridian City Hall Is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Cat( for Artists and following the terms set forth in the Acceptance Agreement shalt be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: Print name: Date: To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S, mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl Meridian Commission RESOLUTION ADOPTING 2013 INITIAL POINT GALLERY SCHEDULE Page 4 of 6 Meridian Commissian 2013 INITIAL POINT GALLERY SERIES 2D'ARTisT(S) 3D, S) January 1/4/13 to 2/1/13 Rena Vandewater Pat Marler Reception 1/2/13 Carol Thompson February > > /1/13 to 3/1/13 Sha'M Steffter Reception 2/12/13Cheri Meyer' March 3/1/13 to 3/29/13 David Day Reception 3/12/13 April 3/29/13 to 4/26/13 Michael "Rusnack Tim Murphy (Reception 4/9/13 May 4/26/13 to 5/31/13 Student Art Student 3-D Art Reception 5/7/13 June . 5/31/13 to 6!28/13 'Karyn deKramer Ted Smith Reception 6/11/13 .Joni'Frey .�.: , July 6/28/13 to 8/2/13 Ron Pridmore Ted Smith Reception 7/9/13 August 8/2/13to 8/30/13 ;`Dan McAlister Reception 8/13/13 Sara Allen September 8/30/13 to 9/27/13 Gertrude Hudson Reception 9/10/13 October 9/27/.13 to 11 /1 /13, ' Brian Schreiner and students ", Students Reception, -10/$/13 ; November 11/1/13 to 11/29/13 Marj Reinecker Reception 11/12/13 Linda Sherrets December 11/29/3 to,1/3/14 =Sue Cervenka' I eceptfon,12/10/13 'CandyCottilis,� RESOLUTION ADOPTING 2013 INITIAL POINT GALLERY SCHEDULE Page 5 of 6 RESOLUTION ADOPTING 2013 INITIAL POINT GALLERY SCI-fEDULE Page 6 of 6 tiv i �� �m.� If v, ���� �� �� ,,�� � .� �. r �� � �LL �: ���._ /: _.ti,,; r ._�� �{ /�� �� �° d �� ���� � #,��. , .- d xx 6~� �/� \\//\ 6~� �� «*» �� � / � . 2 »<� .>� � \� ., � � / � � ,� .{ � �� \ _� ? .� � �� bk � � }� � \ƒ) \� y . / � � / . �r x rt DATE: December 18, 2012 ITEM NUMBER: 71 PROJECT NUMBER: ITEM TITLE: Mayors OfflCe: Resolution No. 12- '700 Appointing Ashlyn Morlock as Youth Commissioner to the Meridian Solid Waste Advisory Commission (SWAG MEETING NOTES Community lteM/Oresentations Presenter Contact Info./Notes UtRKs OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF 1 RESOLUTION 1 R 1BIRD, HOAGLUN,'1 A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING ASHLYN MORLOCK AS YOUTH COMMISSIONER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 6 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to solid waste within the City, and to that end Meridian City Code § 2-6-3(B) states that a youth member may be appointed to the Solid Waste Advisory Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Ashlyn Morlock to the Solid Waste Advisory Commission to be in the best interest of the Solid Waste Advisory Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3(B), Ashlyn Morlock is hereby appointed to the Solid Waste Advisory Commission, for a term to expire on August 31, 2013. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of December, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December, 2012. ATTEST: M aycee olman, City Clerk ASHLYN MORLOCK -YOUTH COMMISSIONER P 1 1 ";'" te. u 30 �G City of IAI�l� IDAH0 y SFS, TRI, 4v de Weerd WASTE ADVISORY COMMISSION PAGE I OF I C�WEN� Youth Application to be Considered f , - City-AppointedCity-Appointed or Volunteer1 ` ! Position Applying for: ® Parrs & Recreation Commission ® Meridian Transportation Task Force ® Meridian Arts Commission 0 Historical Preservation Commission 0 Traffic Safety Commission ® General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: - V r 12m -es s Home Address: '� Pi V,- T_ -,QV U L` Telephone: E -Mail Address: �/- n\�J c lit d` School:T' ft,;geYear in school—AL— ( Are you a resident of the City bf Meridian? j JYes CI No Why do you want to become involved? o you participate in any school clubs or organizations? Yes ® No If so, please list:C/ N l V yc�Jl What areas of city government are of most interest to you? P e+ `fie cv( W) Uw6k, QUio( I kkq tjt Why should you be selected to sit sit on the selected ]�-ycommission? �SIVt Ct UI C,�� Len V�/a� eV, �^ /1 In Ir%IA 'tAIIC0f/1CA I l jm] i1t/)(R I 0P)A.(AJ1 .V,6 COW � Do you understan1d t . e time cotnmitment required to attend meetings and reviewlreseareh data to make recommendation ? Yes ® No Signature /Z�Date ' 6 -' Please return your completed application, resume, and letter of interest to: Meridian Mayors Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 884-8119 December 18, 2-W2 IT8 PROJECT NUMBER: ITEM TITLE: Items Mo d from the Consent Agenda MEETING NOTES L-- - Community Ited`l tesentations Presenter Contact Info./Notes L,Y4KS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: December 18,2012 ITEM NUMBER: 9A ITEM TITLE: ParamoUhil Final Plat approval consisting-'bf five (5) commercial lots on 3.21 acres in a C -G zoning district by Brighton Investments - NEC of W. McMillan Rd & N. Linder Rd MEETING NOTES Mourn L__. CommunityItah'1110resentations Presenter Contact Info./Notes UtPKs OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ; ! • ITEM TITLE: Larkspur gouth Sub Public Hearing: Two (2) year fli' e extension on the preliminary plat in order to obtain the City Engineer's signature on the final plat by Sawtooth Land Surveying - e/o S. Meridian Rd, approximately 114 mile n/o e. Victory Rd MEETING NOTES .q Community Itelosentations Presenter Contact Info./Notes ,L L RKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: December 18, 2012 ITEM NUMBER: 9C PROJECT NUMBER: AZ 12-012 ITEM TITLE: Tradewifidt Subdivision Public Hearing: by SDN, LLC Located at Southeast Corner of E. Victory Road and S. Locust Grove Road Request: Annexation and Zoning of 10.42 Acres of Land to the R-8 Zoning District MEETING NOTES Community Iteffi/Oresentations Presenter Contact Info./Notes CL,t---I?KS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO AGENCY Ar)PLICANT NOTES INITIALS December 18, 2012 ITEM NUMBER: 9D PROJECT NUMBER: PP 12-015 ITEM TITLE: TradewI11d§ Subdivision Public Hearing: by SDN, LLC Lbcated Southeast Corner of E. Victory Road and S. Locust Grove Road Requesf: Preliminary Plat Consisting of 39 Building Lots and 3 Common / Other Lots on 9.11 Acres of Land in a Proposed R-8 Zoning District Community Iteresentations Presenter Contact Info./Notes 6.- ,&PKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO AGENCY APPLICANT NOTES INITIALS DATE: December 18, 2012 I : g PROJECT U : AZ 12®011 ITEM TITLE: CitadelF W ,forage Facility Public Hearing: by Bl, LLC Lod'ated Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Annexation of 5.46 Acres of Land from RUT in Ada County to the C -C (Community Business District) Zoning District MEETING NOTES Community Itfirsentations Presenter Contact Info./Notes —__ CL,#-PKs OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO AGENCY APPLICANT NOTES INITIALS December 18,2-012 ITEM NUMBER: 9F NUMBER:PROJECT CUP 1®01 ITEM TITLE: Citadel Self -Storage Facility Public Hearing: by B1, LLC Located Southwest Corner of Chinden Boulevard and N. Saguaro Hills Avenue Request: Conditional Use Permit Approval for a Self -Service Storage Facility Consisting of Plourteen (14) Buildings on Approximately Five (5) Acres of Land in a Proposed C -C Zoning District MEETING NOTES t __ffii�,,. L _ Community Ite irsentations Presenter Contact Info./Notes LEPKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY 8tNT TO APPLICANT NOTES INITIALS DATE: December 18, 2-012 ITEM NUMBER: 9G PROJECT NUMBER: VAR 12-003 ITEM TITLE: Citadel SOR-Storage Facility Public Hearing: Variance for clan emergency access to Chinden Boulevard by B1, LLC - SWC of Chinden Boulevard dhd N. Saguaro Hills Ave MEETING NOTES Community Ited1i0resentations Presenter Contact Info./Notes CLZ-'RKs OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AtNTTO AGENCY APPLICANT NOTES INITIALS DATE: December 18, 25- 012 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Commurlifl, Development: Continued Discussion of County •• Application MEETING NOTES Community IterhOresentations Presenter Contact Info./(Votes __-L.__ L' -SKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY AtNTTO APPLICANT NOTES INITIALS DATE: December 18, 2012 I : 10 PROJECT ITEM TITLE: Public W, of: Meridian Heights Water and Sewer District Update MEETING NOTES est' -40\l U Co. C, —A- -_ Community Itelihpresentations Presenter Contact Info./Notes L __. UtPKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY btNTTO A00LICANT NOTES INITIALS December 18, 2012 I : 10C PROJECT ITEM TITLE: Parks id bept: Settlers Village Square Phase 2 Tennis Courts Updat MEETING NOTES Community IteMesentations Presenter Contact Info./Notes L. -- CLERKS . -_L RKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO AGENCY APPLICANT NOTES INITIALS DATE: December 18, 2012 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Parks & Wit- Dept: 2013 Pathways Development Priorities MEETING NOTES - -,-L� Community lteMlOresentations Presenter Contact Info./Notes _-Am- - CLkwKs OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO §IENT AGENCY APPLICANT .................. NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. �. 7) m g 0 I BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING THE 2013 PRIORITY TASK LIST FOR MERIDIAN PATHWAYS AS RECOMMENDED BY THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-2-2(C)(7) charges the Parks and Recreation Commission with setting priority to plans, recommendations and suggestions for the future growth and development pathways throughout the city, subject to approval by the mayor and city council; and WHEREAS, on December 12, 2012, the Commission did unanimously vote to recommend to the Mayor and City Council that certain enumerated tasks be adopted as the City's priorities in improving the community's pathway system in 2013; and WHEREAS, the Mayor and City Council find that it is in the best interest of the health, safety, and welfare of the people of Meridian to adopt such recommended priorities; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the tasks and priorities assigned thereto enumerated in the Resolution of the Meridian Parks and Recreation Commission, adopted by the Commission on December 12, 2012, and attached hereto as Exhibit A, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. That the Director of the Meridian Parks and Recreation Department is authorized to carry out said tasks, in such manner and timeframe, and as allowed by the annual budget appropriations for the Parks and Recreation Department, per the discretion of the Director. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2012. ADOPTED by the City Council of the City of Meridian, Idaho, this 18th day of December, APPROVED by the Mayor of the City of Meridian, Idaho, this 18th day of December, 2012. APPROVED: W 1 Q%It� if A Weerd �.��a P, �4 y� RESOLUTION ADOPTING MPR COMMISSION PATHWAYS 2013 PRIORITY TASK LIST Page 1 of I (::�VIERIDIAN^--� PARKS AND RECREATION COMMISSION A RESOLUTION OF THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, ESTABLISHING COMMISSION RECOMMENDATIONS REGARDING PATHWAYS DEVELOPMENT PRIORITIES. WHEREAS, the Commission finds that providing opportunities for safe, fun, interconnected foot and bicycle travel is in the best interest of the health, safety, and welfare of the people of Meridian; WHEREAS, Meridian City Code section 2-2-2(C)(7) charges the Commission with setting priority to plans, recommendations and suggestions for the future growth and development pathways throughout the city, subject to approval by the mayor and city council; and WHEREAS, the Commission has undertaken site visits to pathways systems throughout the City and has studied the Pathways Master Plan and concluded that by assigning improvement and development priorities as set forth herein, the City can maximize connectivity between pathways and parks within the City of Meridian and capitalize on opportunities to connect large pathway segments; NOW, THEREFORE, BE IT RESOLVED BY THE PARKS AND RECREATION COMMISSION OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That as soon as resources and/or opportunities become available, the City should undertake the following activities, listed in order of urgency and importance to connectivity: Goal: Construct Phase 1 of the proposed Five Mile Creek Pathway Segment E, Towerbridge Drive east to the Ustick/Linder intersection. Purpose: Extend the Five Mile Creek Pathway to the west to connect to existing neighborhoods and build on the success of the Bud Porter Pathway. 2. Goal: Secure easements, agreements, permits and design documents to extend the portion of the proposed Five Mile Creel-, Pathway Segment H1 that will run between Badley and Fairview Avenues. Purpose: Complete the Five Mile Creek Pathway segment to the north to connect existing neighborhoods and commercial centers building on the success of the Bud Porter Pathway. Goal: Assist with coordinating the Meridian Rail -With -Trail Action Plan. Support and advance the efforts of the Meridian Planning and Public Works Departments to create an east -west pathway connection using the existing rail corridor. RESOLUTION OF PARKS & REc. COMMISSION — 2013 PATHWAY PRIORITY TASK LIST PAGE I OF 3 Purpose: Create a major regional pathway connection using the existing railroad right-of-way that connects downtown to the Eagle Road area, Ten Mile area, and beyond to the edge of Meridian's area of Impact east and west. 4. Goal: Work with our Public Works Department and other agencies to facilitate additional restoration projects within the Five Mile Creek floodplain between Pine and Franklin Road. Purpose: Build a partnership with other departments to incorporate pathway facilities into floodplain restoration projects. 5. Goal: Work with the Settlers Irrigation District to secure a Pathway Master Agreement similar to current NMID agreement. Purpose: Build a partnership with other irrigation districts to allow pathway facilities throughout City's Area of Impact. 6. Goal: Develop a comprehensive pathway network informational, directional and interpretive package including signage, distance markings and a parks & pathways guide. Purpose: Provide park and pathway user assistance with point specific information to improve functionality and safety. 7. Goal: Explore opportunities to connect Kleiner Park to the City's existing pathway network by partnering with the Packard Estates HOA to gain comrnunity support for extending their existing pathway through private acreage property linking to River Valley and Eagle Road. Purpose: Create pathway linkage between newest City park property and downtown. Goal: Work with the Ada County Highway District (ACHD) to install a HAWK signal on Meridian Road at East Jaynes Court for Bud Porter Pathway users to cross safely to connect to the Jackson Drain Pathway, Purpose: Improve functionality and safety. 9. Goal: Investigate the feasibility of a pathway adjacent to the Nourse Lateral connecting Linder Road to Meridian Road. Purpose: Creating a one mile long pathway along existing irrigation maintenance road providing an off-street connection between Linder and Meridian Roads where development has already occurred. 10. Goal: Partner with the Ada County Highway District (ACHD) and Meridian Development Corporation (MDC) to foster connection of the Five Mile Creek Pathway to Downtown via Pine Avenue and other roadways. Purpose: Provide pedestrian and bicycle connections between the City's pathway network and the downtown core. 11. Goal: Update the Pathway Master Plan annually to reflect new information, completed projects and changing conditions. RESOLUTION OF PARKS & REc. COMMISSION — 2013 PATHWAY PRIORITY TASK LIST PAGE 2 OF 3 Purpose: Provide an accurate reference to guide future pathway development opportunities and illustrate current pathway conditions. Section 2. That this Resolution shall be in full force and effect irmnediately upon its adoption and approval. ADOPTED by the Parks and Recreation Commission of the City of Meridian, Idaho, this 12th day of December, 2012. APPROVED: fl�q Lm� Phil Liddell, President Parks and Recreation Commission RESOLUTION OF PARKS & REc. COMMISSION — 2013 PATHWAY PRIORITY TASK LIST PAGE 3 OF 3 DATE: December 18, 2012 ITEM NUMBER: 10E PROJECT NUMBER: ITEM TITLE: Police D601-dirtment: Budget Amendment for Emergency Replacement of d Police Department Motorcycle for the Not -to -Exceed Amount of $19,000.00 MEETING NOTES Community lteftill�resentations Presenter Contact Info./Notes --,.- U .- PK i— UtPKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO SENT TO AGENCY APPLICANT NOTES INITIALS December 18, 2012 I : 1®F PROJECT NUM : ITEM TITLE: Commurilij, bevel opment/ Idg Svcs: Updates to Plumbing Code MEETING NOTES Community Iterriffiresentations Presenter Contact Info./Notes OFFICE FINALACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE, REGARDING ADOPTION OF THE 2009 PLUMBING CODE AND AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the intent of the City Council of the City of Meridian to implement a plumbing enforcement program; WHEREAS, pursuant to Idaho Code section 54-2601(3), the City Council of the City of Meridian hereby finds that good cause exists for the follow ing"arhendments to the 2009 Uniform Plumbing Code, and that such amendments are reasonably necessat. for the expedient administration of the codes and the protection of the public health, safety, and welfare; WHEREAS, the City Council of the C amendments do establish at least an equivalent Plumbing Code; WHEREAS, pursuant to Idaho Ca was conducted on January 29, 2013, folio' the Idaho State Plumbing Board, and Build 2012, and publication of notiee'ofthe time 2012; and WHEREAS, it is Plumbing Code; ,as requil draft of which'is NOW;" THEREFORE; CITY OF MERIDIAN, IDAH Section 1. That'Meridi REPLACED with the folio 10-2-1: PLUMBING CODE City Idaho idian hereby finds' that the following rotectionao that of the2009 Uniform 54-2601(3), ,a public hearing on the amendments ion of the proposed language of this ordinance to ctorsAssociation,,by U.S. mail, on December 19, thereof in 4the Valley Thnes on December 24, of the City of Meridian to adopt the Idaho State ?601(2), upon passage and effectuation of ;;Board concerning same (IDAPA 07.02.06), a gislature; BY THE MAYOR AND COUNCIL OF THE ode section 10-2-1 is hereby REPEALED, and shall be PTSD; AMENDMENTS: A. 2009 UPC adopted. There is hereby adopted by the City for the purpose of establishing minimum standards of design, materials and workmanship for all plumbing hereafter installed, altered or repaired, and to establish methods of procedure within the city limits, that certain plumbing code known as the Uniform Plumbing Code (UPC), 2009 edition, with the amendments thereto as set forth in this chapter. ADOPTION OF 2009 UNIFORM PLUMBING CODE PAGE I OF 4 B. Amendments. The following amendments to the 2009 UPC are also hereby adopted which addition and deletions, if in conflict with the UPC, shall overrule the UPC: 1. UPC section 101.4.3 shall be amended to read as follows: DIF 101.4.3 Appendices not adopted. The provisions in the appendices to the UPC shall not be adopted. 2. UPC section 103.1.3 shall be amended to read as follows: 103.1.3 Licensing. Persons performing any desinstallatioii, alteration, repair, replacement, or remodel of any plumbing system shall first be licensed as'required by Title 54, Chapter 26, Idaho Code, and all administrative rules promulgated:thereunder. 3. UPC section 103.3.4 shall be amended to read as follows: 103.3.4 Expiration. Every permit issued by; the City of Meridian under.the provisions of this code shall expire by limitation and become mill and void if the work authorized by such permit is not commenced within one hundred and eighty,(80)'de o uch permit, or if ys from the dat the work authorized by such permit is ,suspended oz" abandoned at any time after the work is commenced for a period of one hundredand eighty (180), days. Before such work can be recommenced, anew permit shall fust be obtained to doso,r, Any permittee. holding an unexpired Permit shall be permitted to apply for an extension of the time within which, work shall be permitted fo commence under that permit when the permittee is unable td commence work within ihertime required by this section for good and satisfactory reasons "The City shall be per`in tted to extend the time for action by the permittee for a period not exceeding one jundred and eig4ty (180) days upon written request by the permittee showing that circumstances ,,beyond the control of the permittee have prevented action°fr'om being taken.No permit §hall be.exterded more than once. In order to renew action on a permit after expiration, the;permittee shah pay anew full permit fee as established by City 4. UPC seciion .103.4 shall read as follows: 103.4.1 Fees `All fees for permits and inspections shall be assessed as established by City fee schedule. Payment for alit petmit types is required at the time the permit is issued. Permits shall not be issued until:fees'�are paid. 103.4.2. Refunds. Up to eighty percent (80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 103.4.3. Expiration of Plan Review. Applications for which no permit is issued within one hundred and eighty (180) days following the date of application shall expire by limitation. ADOPTION OF 2009 UNIFORM PLUMBING CODE PAGE 2 OF 4 Plans and other data submitted for review may thereafter be returned to the application or destroyed by City. row 103.4.4. Permit Transfer. A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Director or designee; if transfer is attempted without written approval of the Community Development Director or designee, such permit shall be void. 5. UPC section 103.5.6 shall be amended to read as 103.5.6. Reinspections. A reinspection fee may when such portion of work for which inspection corrections have not been made. This provision is not to be interpreted as' is rejected for failure to comply with the require practice of calling for inspections before the job Reinspection fees may be assessed when each inspection or reinspection or when required requiring reinspection fees the first time a job ments of this code,`but as controlling the the inspector, for failure to provide access on the date' for deviating from plans requiring City approval. In instances where reinspection fees, have been work will be performed until the required fees lave,be 6. UPC Table 1-1 Wed plans are riot readily available to which the inspection is requested, or 7. The exemption to UPC.,sectior1504.2 shall npt�be adopted. by vo no additional inspection of the or parts thereof or in conflict with this That this ordinance shall be effective on February 1, 2013. PASSED by JliQ. City Councrl.of the City of Meridian, Idaho, this 29th day of January, 2013. APPROVED by the Mayor: of the City of Meridian, Idaho, this 29th day of January, 2013. APPROVED: ATTEST: Tammy de Weerd, Mayor Jaycee Holman, City Clerk ADOPTION OF 2009 UNIFORM PLUMBING CODE PAGE 3 OF 4 DRAFT December 18, NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13 - REPEALING AND REPLACING TITLE 10, CHAPTER 2, MERIDIAN CITY CODE, REGARDING ADOPTION OF THE 2009 PLUMBING CODE AND AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule asf allowed Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT O ADEQUACY OF SUP The undersigned, Willi that he is the legal advi of the City of adequate notice to the 1 DATED City Attorney of the City,of and has reviewed a'copy of tl ho and has found the same to t to Idaho Code 50-901 AM - LL2013 ,Y AS TO 13- -vidian, Idaho, hereby certifies attached Ordinance no. 13 - true and complete and provides ADOPTION OF 2009 UNIFORM PLUMBING CODE PAGE 4 OF 4 DATE: - •' i ,2012 ITEM NUMBER: 1 1A r/ ITEM TITLE: • • • "" An Ordinance for the Re-zond of .58 Acres from L -O to R-15 for the Rockcreek Apartments Located at 1023 and 1025 W. Pine Avenue, Meridian, Idaho. MEETING NOTES Community Itemsl*esentations Presenter Contact Info./Notes `PKS OFFICE FINAL. ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 BOISE IDAHO 12120/12 10:30 AM DEPUTY Bonnie Oberbillig RECORDED -REQUEST OF III I II II 112134260 12142I II II III Meridian City CITY OF MERIDIANORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 12-003 ROCKCREEK APARTMENTS) FOR THE RE- ZONE OF A PARCEL OF LAND LOCATED IN THE SW % OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF .58 ACRES OF LAND FROM THE L -O (LIMITED OFFICE) ZONING DISTRICT TO R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Bruce Farrelly. SECTION 2. That the above-described real property is hereby re -zoned from the L- O (Limited Office District) to R-15 (Medium -High Density Residential) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area RE -ZONE - ANNEXATION — RZ 12-003 ROCKCREEK APARTMENTS Page 1 of 3 maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this/S?'--day of e % , 2012. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of I)Aa , 2012. �Go¢Q��pTI3fiAUG 0 rr CityQf IDAHO '��'h SEAL v� ATTEST: eTRFWS 11 RE -ZONE - ANNEXATION — RZ 12-003 ROCKCREEK APARTMENTS Page 2 of 3 JAYCF,rj. , RE -ZONE - ANNEXATION — RZ 12-003 ROCKCREEK APARTMENTS Page 3 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this JU day of :IDece nim x— , 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. I i r ' ®®0009006 oe (SEAL) ®551GT )? O A .;moo 9 o®®®® O®®Goe .00 "TARY PUALNCMtkH. IDAHO RESIDING AT: ( I MY COMMISSION EXPIRES: RE -ZONE - ANNEXATION — RZ 12-003 ROCKCREEK APARTMENTS 4of3 I Page Exhibit A — Legal Description �.Paascription Rockcreek Subdivision, Lots 2 and 3, Block 1 Rezone from LO to R-15 A parcel located in the NE %4 of the SW % of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being Lots 2 and 3 of Block 1 of the Amended Plat of Rockcreek Subdivision as shown in Book 95 of Plats on Page 11582, Records of Ada County, Idaho, and more particularly described as follows: BEGINNING at a point marking the northeast corner of said Lot 3; Thence S 0°32'18" W along the easterly boundary of said Lot 3 a distance of 128.70 feet to a point marking the southeast corner of said Lot 3; Thence N 89027'42" W along the southerly boundary of said Lots 3 and 2 a distance of 195.96 feet to a point marking the southwest corner of said Lot 2; Thence along the westerly boundary of said Lot 2 the following described courses and distances: Thence N 0°32'18" E a distance of 56.55 feet to a point; Thence N 89027'42" W a distance of 5.00 feet to a point; Thence N 0032'18" E a distance of 72.00 feet to a point marking the northwest corner of said Lot 2; Thence S 89°30'16" E along the northerly boundary of said Lots 2 and 3 a distance of 200.96 feet to the POINT OF BEGINNING. This parcel contains 0.59 acres (25,566 square feet) and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC August 23, 2012 REVI 6P)ROVAL F3Y OCT 01 2012 MERIDIAN PUBLIC WORKS DEPT. is I13l u t o n s ' LWd SM01-9 and ConfuNkp LAND ;\sTT 0 0 0- 1j118 ;u 2 C\'��iyrrF of \Nw.NA L 2,3 Rockcreek Rezone Job No. 12-55 1 1 C 1 • 111 1.1 _ +�. CITY OF MERIDIAN ORDINANCE NO. 12 - PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land located in the SW 1/a of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. This parcel contains .58 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this .ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the jq!:� day of , 2012. CO ofi ian Mayor d City Council By: Jaycee L. Holman, City 00'.0 9L ATED 9U tjSl C 0 - Gtrof A -DAHo bar` SEAL, 411e . a'�� First Reading Oe r e m bcy- 1 f Adopted afterfirst reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- k,6 3 Lo The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 12-(p of the City of Meridian, Idaho, and hasfoundthe same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Z( day of , 2012. �7 Welham. L.M. Nary City Attorney ORDINANCE SUMMARY — RZ 12-003 ROCKCREEK APARTMENTS Page 1 Exhibit B. Map A parcel loostsd in #0 NE % of the SW Y4 Of Soise Meridian, Ads county, Idaho, said Parcel being Lots 2 and 3 of Black I of the Ainended plat of Rocxcmk Subdivision as shown in Book 05 of • 6: Records of is County, Idaho LOT 3 QCT 01 2012 MERIDIAN PUBLIC WORKS DEPT. DATE: December 18, 012 I 1 PROJECT ITEM TITLE: Future M66 -ting Topics MEETING NOTES Community Ite1iil resentations Presenter Contact Info./Notes PKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO dtNT TO AGENCY APPLICANT NOTES INITIALS